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Effective
Date: This Terms of Use is effective and was last updated as of June 14, 2010.
This
page states the terms of use (“Terms of Use”) under which
Business Automation Solutions, Inc. ("Business Automation
Solutions") authorizes you to use the web pages available
at the world wide website(s) located at www.intelliclicksoftware.com
and www.moreproductive.com
(such website(s), together with any successor website
thereof, and any other websites of Business Automation
Solutions or its affiliates shall be referred to as the
"Site").
PLEASE
READ THESE TERMS OF USE CAREFULLY WHEN ACCESSING THE SITE.
BY ACCESSING THE SITE, YOU SIGNIFY YOUR AGREEMENT TO
ALL OF THESE TERMS AND CONDITIONS.
IF
YOU DO NOT CONSENT TO THE TERMS OF USE YOU DO NOT HAVE THE
RIGHT TO ACCESS OR USE THIS SITE.
MODIFICATIONS
Business
Automation Solutions reserves the right at any time to change
or modify these Terms of Use or to impose new conditions with
respect to your use of this Site by updating this posting.
Business Automation Solutions shall also have the right
at any time to change or discontinue any aspect of or feature
of this Site, including but not limited to content,
functionality, and means of access or use. Such changes,
modifications, or additions shall be effective immediately
upon notice to you, which may be given by means including but
not limited to posting on these Terms of Use or elsewhere on
the Site, electronic mail, or any means by which you obtain
actual or constructive knowledge. You agree to review these
Terms of Use periodically so that you are aware of any such
modifications, at which time you may either agree to such
changes or discontinue the further use of this Site. Your
continued use of this Site after Business Automation Solutions
posts such changes will constitute your acceptance to the
revised Terms of Use.
INTELLECTUAL
PROPERTY
Copyright
Ownership; Restrictions on Use
All
right, title and interest (including all copyrights,
trademarks, patent rights and other intellectual property
rights) of all content on the Site, or the content of any
messages transmitted to you and all information contained
therein (collectively, “Content”) is and shall remain the
sole property of Business Automation Solutions, its business
partners and licensors, as applicable.
This Site is owned and operated by Business Automation
Solutions, and is for your personal, noncommercial use.
The Content is protected by copyright laws under both
United States
and foreign laws. Unauthorized use of the Content may violate
copyright, trademark, and other laws. You are authorized to
view and use information retrieved from the Site or the
Content solely for your personal, non-commercial, use.
Except
with prior written authorization from Business Automation
Solutions, no material available on the Site or the Content
may be copied, reproduced, downloaded, uploaded, displayed,
sold, posted, transmitted, distributed, incorporated into
another work, used to create a derivative work, sold, or
otherwise exploited in any way, except that limited
reproduction is permitted for your personal use.
In no event may you remove any copyright or other
proprietary notices or legends appearing on this Site or
within the Content of the messages transmitted to you. You
recognize that unauthorized use of the Content may subject you
to civil or criminal liability.
Third
Party Content
You
acknowledge and agree that this Site may contain Content
provided by other users, Content suppliers and other third
parties. Business Automation Solutions makes no
representations with respect to, nor does it guarantee,
warrant or endorse the quality, non-infringement, accuracy,
completeness, timeliness, reliability or correct sequencing of
such third party Content or any other Content that such third
party Content may access. Business Automation Solutions
expressly disclaims responsibility and liability for all third
party provided Content contained or accessible through the
Site.
Trademarks
“INTELLICLICK”,
the IntelliClick logo, “WEBNAV,” “ETRACK,” the
Business Automation Solutions, Inc., logo, other trademarks,
whether registered or unregistered, and the trade dress of the
Site and Content are owned by Business Automation Solutions.
The other trademarks, service marks and logos which may
be displayed in the Site or the Content are owned
by Business Automation Solutions or its business partners.
Nothing contained on the Site should be construed as
granting, by implication, estoppel, or otherwise, any license
or right to use any trademarks without the prior written
permission of Business Automation Solutions or such third
party that owns the trademarks.
DISCLAIMER
OF WARRANTIES
Your
use of this Site is at your own risk. This Site may include
inaccuracies or errors that may affect the quality of the
materials on the Site. The materials have not been
independently verified or authenticated in whole or in part by
Business Automation Solutions.
Business Automation Solutions does not warrant the
accuracy or timeliness of the materials.
Business Automation Solutions has no liability for any
errors or omissions in the materials, whether provided by
Business Automation Solutions or third parties.
THE
CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
BUSINESS AUTOMATION SOLUTIONS DOES NOT WARRANT OR MAKE ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF
THE CONTENT IN THIS SITE IN TERMS OF THEIR CORRECTNESS,
ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BUSINESS
AUTOMATION SOLUTIONS) ASSUME THE ENTIRE RISK OF THE USE OF THE
CONTENT. BUSINESS
AUTOMATION SOLUTIONS DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE SITE OR THE CONTENT WILL BE UNINTERRUPTED OR
ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE
OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS.
THIS
SITE IS PROVIDED TO YOU ON AN "AS IS" AND
"WHERE-IS" BASIS, WITHOUT ANY WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED.
BUSINESS AUTOMATION SOLUTIONS, FOR ITSELF AND ANY THIRD
PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT ON THIS SITE,
MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE
SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY,
TRUTH, ACCURACY OR COMPLETENESS OF ANY MATERIAL INFORMATION,
PRODUCT, OR SERVICE CONTAINED ON THE SITE.
ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY
DISCLAIMED. BUSINESS
AUTOMATION SOLUTIONS WILL NOT BE LIABLE TO YOU OR ANY THIRD
PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED
TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, ARISING FROM OR CONNECTED WITH THE SITE, INCLUDING
BUT NOT LIMITED TO, YOUR USE OF THIS SITE OR YOUR INABILITY TO
USE THE SITE, EVEN IF BUSINESS AUTOMATION SOLUTIONS HAS
PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Please
note that some jurisdictions may not allow the above exclusion
of implied warranties, so some of the above exclusions may not
apply to you.
LIMITATION
OF LIABILITY; DISCLAIMER OF CONSEQUENTIAL DAMAGES
TO
THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF
BUSINESS AUTOMATION SOLUTIONS TO YOU FOR ALL DAMAGES, LOSSES,
AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING,
BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THIS
TERMS OF USE OR YOUR USE OF THE SITE SHALL NOT EXCEED
US$100.00.
YOU
UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE
BY LAW, THIS SITE, BUSINESS AUTOMATION SOLUTIONS, ITS CONTENT
SUPPLIERS, ANY THIRD PARTIES MENTIONED ON THE SITE, AND THEIR
SUCCESSORS AND ASSIGNS, OR ANY OF THEIR SUBSIDIARIES,
AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL
SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE
LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, DIRECT OR INDIRECT,
IN CONNECTION WITH OR ARISING FROM USE OF THE SITE, THE
SERVICE OR FROM THIS TERMS OF USE,
INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR OTHER ECONOMIC
LOSS, LOST REIMBURSEMENTS, LOST DATA, OR LOST SAVINGS) ARISING
OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR
WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR THE
CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF BUSINESS AUTOMATION SOLUTIONS
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.
Inaccuracies
or Errors
The
descriptions, pictures and other representations of products
and Services on the Site may contain inaccuracies and errors.
Business Automation Solutions does not make any
warranty or representation with respect to the accuracy or
completeness of any such information.
Furthermore, the prices and availability of products on
the Site may change without notice to you at any time in
Business Automation Solutions' sole discretion.
Business
Automation Solutions shall have the right to refuse or cancel
any orders placed for product or Service listed at an
incorrect price. Business
Automation Solutions shall have the right to refuse or cancel
any such orders whether or not the order has been confirmed
and your credit card charged.
If your credit card has already been charged for the
purchase and your order is canceled, Business Automation
Solutions shall promptly issue a credit to your credit card
account in the amount of the charge.
USER
SUBMISSIONS
Generally,
any communication, which you post to the Site, is considered
to be non-confidential. If particular pages on the Site permit
the submission of communications that will be treated by
Business Automation Solutions as confidential, such a fact
will be stated on those pages. By posting communications to
the Site, you automatically grant Business Automation
Solutions a royalty-free, perpetual, irrevocable,
nonexclusive, worldwide, license to use, reproduce, modify,
publish, edit, translate, distribute, perform, and display the
communication alone or as part of other works in any form,
media, or technology, whether now known or hereafter
developed, and to sublicense such rights through multiple
tiers of sublicenses.
As
a user of this Site, you are responsible for your own
communications and are responsible for the consequences of
their posting. You must not do the following things: Post
content that is copyrighted, unless you are the copyright
owner or have the permission of the copyright owner to post
it; post content that reveals trade secrets, unless you own
them or have the permission of the owner; post content that
infringes on any other intellectual property rights of others
or on the privacy or publicity rights of others; post content
that is obscene, defamatory, threatening, harassing, abusive,
hateful, or embarrassing to another user or any other person
or entity; post a sexually-explicit image; post advertisements
or solicitations of business; post chain letters or pyramid
schemes; or impersonate another person.
Business
Automation Solutions and its Content suppliers do not
represent or guarantee the truthfulness, accuracy, or
reliability of any of communications posted by other users or
endorse any opinions expressed by users. You acknowledge that
any reliance on Content posted by other users will be at your
own risk.
Business
Automation Solutions does not screen communications in advance
and is not responsible for screening or monitoring Content
posted by users. If notified by a user of communications,
which allegedly do not conform to these Terms of Use, Business
Automation Solutions may investigate the allegation and
determine in good faith and its sole discretion whether to
remove or request the removal of the communication. Business
Automation Solutions has no liability or responsibility to
users for performance or nonperformance of such activities.
Business Automation Solutions reserves the right to expel
users and prevent their further access to this Site for
violating these Terms of Use or the law, and the right, in its
sole discretion and without notice, to remove all
communications which are abusive, illegal, inaccurate,
embarrassing, offensive, or disruptive.
LINKS
TO OTHER SITES
This
Site may contain direct or affiliate links to third party
websites. These links are provided solely as a convenience to
you and not as an endorsement by Business Automation Solutions
of the Content or services on such third party websites.
Business Automation Solutions is not responsible for the
Content or services of linked third party websites and does
not make any representations regarding the Content or services
on such third party websites. If you decide to access linked
third party websites, you do so at your own risk. If you
choose to purchase 3rd party products available via
affiliate links, you do so at your own risk.
From
Third Party Websites to Business Automation Solutions Site
All
links to a Business Automation Solutions Site by third parties
(“linking party”) must be approved in writing by Business
Automation Solutions, except that Business Automation
Solutions consents to links in which the link and the pages
that are activated by the link do not:
·
Misrepresent
your relationship with Business Automation Solutions;
·
Imply that
Business Automation Solutions endorses or approves the linking
party, the linking party’s website, or the linking party’s
service or product offerings in any way;
·
Create frames or
border environments around any page or materials on the
Business Automation Solutions Site or use other techniques
that alter in any way the visual presentation or appearance of
any content within the Business Automation Solutions Site;
·
Create
comparisons of Business Automation Solutions products or
services with competitive products or services;
·
Shall not
replicate any materials on that Business Automation Solutions
Site or any Business Automation Solutions logo or trademark
without separate written consent by Business Automation
Solutions;
·
Present false or
misleading impressions about Business Automation Solutions or
otherwise damage the goodwill associated with the Business
Automation Solutions name and trademarks;
·
Contain content
that could be construed as abusive, threatening, harassing,
profane or offensive, excessively violent, or which violates
or encourages others to violate any applicable law, or
contains content that could be construed as pornographic,
obscene, or sexually explicit materials; and shall contain
only content appropriate for all age groups.
As
a further condition to being permitted to link to this site,
the linking party agrees that Business Automation Solutions
may at any time, in its sole discretion, terminate permission
to link to this Site. In
such event, the linking party agrees to immediately remove all
links to this Site.
By
linking to the Business Automation Solutions Website, linking
party agrees to indemnify and hold Business Automation
Solutions safe and harmless from, and against, any and all
loss, cost, damage, expense, claims, actions, or liability
arising from any such link.
Business Automation Solutions shall have no liability
for any indirect, exemplary, incidental, punitive, special, or
consequential damages with regard to the linking or use of
such link. Business
Automation Solutions makes no warranties express or implied,
with respect to such links.
INDEMNITY
You
agree to defend, indemnify, and hold harmless Business
Automation Solutions, its content suppliers, business
partners, any third parties mentioned on the Site, and their
successors and assigns, or any of their subsidiaries,
affiliates, or their respective officers, directors,
employees, agents, licensors, representatives, operational
service providers, advertisers, or suppliers, from and against
any claims, actions, demands, costs, damages, liabilities, and
expenses, including without limitation reasonable legal and
accounting fees, incurred in relation to, arising from, or for
the purpose of avoiding, any claim or demand from a third
party that your use of the Site or the use of the Site by any
person using your user name and/or password (including without
limitation your participation in the posting areas or your
submissions) violates any applicable law or regulation, or the
rights of any third party.
EXPORT
CONTROL
You
agree to comply strictly with all United States export laws
and all other applicable laws, rules, and regulations relating
to the export, re-export, use, or transshipment of the
materials on this Site (including the Content and all products
and Services), and assume sole responsibility for obtaining,
at your expense, licenses to export or re-export as may be
required. None of
these materials on the Site or the Content, or any portion
thereof, or underlying information or technology may be
transferred, downloaded, or otherwise exported or re-exported
(i) into (or to a national or resident of) Cuba, Iraq, Libya,
Sudan, North Korea, Iran, Syria or any other country to which
the U.S. has embargoed goods; or (ii) to anyone on the U.S.
Treasury Departments list of Specially Designated Nationals or
the U.S. Commerce Departments Table of Denial Orders.
By using this Site you agree to the foregoing and
represent and warrant that you are not located in, under the
control of, or a national or resident of any such country or
on any such list.
USER
INFORMATION
Business
Automation Solutions and its Content suppliers may collect,
use and disclose information in accordance with the Privacy
Statement posted on the Site.
In addition, Business Automation Solutions and its
Content suppliers may collect, use and disclose information
regarding company name, IP addresses, zip codes, entrance/exit
pages, search terms, and pages visited of all of the Site's
users on an Aggregate Basis. For
the purposes of these Terms of Use, "Aggregate
Basis" means that we combine anonymous parts of your
information with anonymous parts of the information from other
users without including any of your Personal Information
(please see the Privacy
Statement for a description of “Personal
Information”). An
example of "Aggregate Basis" is monitoring the most
widely accessed portions of the Site among the users. If
we are able to locate your company name through any legal
means, or if you visit our Site due to an email that Business
Automation Solutions has sent to you, or that has been
forwarded to you, then we may contact your company regarding
our products and services.
LAW
ENFORCEMENT
Business
Automation Solutions may report to law enforcement authorities
any actions that may be illegal. When legally required or at
its discretion, Business Automation Solutions will cooperate
with law enforcement agencies in any investigation of alleged
illegal activity on the Site or concerning any service
(referred to herein as a “Service”) offered by Business
Automation Solutions. Business
Automation Solutions does not and cannot review all content of
messages submitted to and/or transmitted through the Service.
These prohibitions do not require Business Automation
Solutions to monitor, police or remove any content or other
information submitted by you.
GENERAL
These
Terms of Use are effective until terminated or amended by
Business Automation Solutions. These Terms of Use will
terminate immediately without notice from Business Automation
Solutions if, in Business Automation Solutions' sole
discretion, you fail to comply with any of the Terms of Use.
Upon termination, you must destroy all Content obtained from
the Site and any and all other Business Automation Solutions
websites and all copies thereof, whether made under the terms
and conditions of these Terms of Use, or otherwise.
Business
Automation Solutions controls and operates this Site from its
headquarters in the United States of America and makes no
representation that the materials (including, without
limitations, the products and Services) are appropriate or
will be available for use in other locations.
Unless otherwise explicitly stated, all marketing or
promotional materials found on this Site are focused on
individuals, companies or other entities located in the
United States
. If you use this
Site from outside the
United States of America
, you do so at your own risk and you are entirely responsible
for compliance with applicable local laws, including but not
limited to the export and import regulations.
These
Terms of Use are governed by the internal substantive laws of
the State of
Illinois, U.S.A, without respect to its conflict of laws principles. If
any provision of these Terms of Use is found to be invalid by
any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining
provisions of these Terms of Use, which shall remain in full
force and effect. No waiver of any term of these Terms of Use
shall be deemed a further or continuing waiver of such term or
any other term. Except
as expressly provided in any other agreement between you and
Business Automation Solutions for the use of any products or
services offered by Business Automation Solutions, these Terms
of Use constitute the entire agreement between you and
Business Automation Solutions with respect to the use of this
Site. Business
Automation Solutions reserves the right to make changes to
this Site and to these Terms of Use at any time without
notice. Thus, you
should check these Terms of Use whenever you visit our Site
and agree that your accessing our Site is definitive evidence
of your consent to, and acceptance of, these Terms of Use.
CHOICE
OF LAWS; VENUE
You
agree that any disputes involving this Site and the Services
shall be adjudicated to any federal or state court located in
Cook County
,
Illinois
. You also agree
to submit to jurisdiction and venue in any state or federal
court in
Cook County
,
Illinois
. You may not
bring any action arising out of these Terms of Use or your use
of the Site or the Services, regardless of form or the basis
of the claim, more than one (1) year after the cause of action
has arisen (or if multiple causes, from the date the first
such cause arose). Notwithstanding
anything to the contrary, Business Automation Solutions
reserves the right to institute proceedings in any
jurisdiction in order to (i) obtain interim or provisional
relief pending resolution of a dispute; or (ii) collect from
you any monies due under an award of the court described
above. In the
event that you bring an action in an improper forum or outside
of the time limit in violation of this section, Business
Automation Solutions shall be entitled to recover from you its
reasonable attorney’s fees in responding to such action.
AGENT
FOR NOTICE
For
purposes of 17 U.S.C. 512(c) and 37 C.F.R. 201.38, Business
Automation Solutions' agent for notice is:
Attn:
Copyright Agent
Business
Automation Solutions, Inc.
3821 Lizette Lane
Glenview
,
IL
60026
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