Terms and Conditions
PLEASE READ BEFORE USING THIS SITE OR MATERIALS
CAREFULLY READ THESE TERMS AND CONDITIONS BEFORE USING THIS SITE OR ANY MATERIALS. CLICKING I AGREE OR USING THE SITE OR MATERIALS IN ANY WAY INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS, IMMEDIATELY DISCONTINUE USE OF THE SITE AND MATERIALS.
All copyright, trade secret, patent and other proprietary rights in the Site and Materials are the exclusive property of Chrysalis Business Systems, LLC, doing business as eBiz LearningMembers, a Nevada corporation having an address of 7595 Belmont Hills Ave., Las Vegas, Nevada 89131.
a. eBiz LearningMembers grants you a personal, non-exclusive, non-transferable, non-assignable, worldwide license to use the Site and print one copy of the Materials solely for use in your business.
b. With the exception of the single printed copy, you may not: (1) copy (even for back-up purposes), distribute, rent, lease, or sub-license all or any portion of the Site or Materials; (2) download the Materials; (3) modify or prepare derivative works of the Site or Materials; (4) use the Site or Materials in a computer-based services business or publicly display visual output of the Site or Materials; (5) transmit the Site or Materials over a network, by telephone, or electronically using any mean; or (6) reverse engineer, decompile, or disassemble the Site or Materials. You agree to keep confidential and use your best efforts to prevent and protect the contents of the Site or Materials from unauthorized disclosure or use. You cannot use the Site or Materials: (a) to transmit content/messages that are illegal, fraudulent, threatening, abusive, defamatory, or obscene; (b) in a way that could cause damage or adversely affect eBiz-Learning™s customers, reputation, network, property, or the Site or Materials; (c) to infringe on the copyrights of another; or (d) in any way prohibited by the terms of these Terms and Conditions.
3. Conditioned Use
Your use of the Site and Materials is conditioned upon the following:
a. You must comply with all provisions of these Terms and Conditions. If you fail to satisfy any Terms and Conditions, your rights to use the Site and any Materials will automatically terminate.
b. If you are a not a client of eBiz-LearningMembers and are using this web site as part of a package that you have purchased from another source, then your access to this web site is dependent upon the terms and conditions of that source. If you are a client of eBiz-LearningMembers, you must be current on all payment obligations to eBiz-LearningMembers or any approved agent of eBiz-LearningMembers. If you fail to make any required payments, your rights to use the Site and Materials will automatically terminate.
4. Term and Termination
These Terms and Conditions shall remain in effect until terminated by eBiz-LearningMembers. eBiz-LearningMembers may terminate the Terms and Conditions if you default under any provision of the Terms and Conditions or for any other reason in its sole discretion.
5. Right to Suspend or Terminate Services
In addition to or instead of the termination rights set forth above, eBiz-LearningMembers can, without notice, suspend or terminate your use of the Site or Materials at any time for any reason.
6. Disclaimer of Warranty and Limitation of Remedies
YOU UNDERSTAND AND AGREE AS FOLLOWS:
a. EBIZ-LEARNINGMEMBERS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING THE SITE OR MATERIALS. EBIZ-LEARNINGMEMBERS DOES NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DOES NOT AUTHORIZE ANYONE TO MAKE WARRANTIES ON EBIZ-LEARNINGMEMBERS’ BEHALF.
b. eBiz-LearningMembers will not be liable for any loss or damage caused by a delay in accessing the Site.
c. eBiz-LearningMembers™s entire liability and your exclusive remedies for eBiz-LearningMembers’ liability of any kind (including liability for negligence except liability for personal injury caused solely by eBiz-LearningMembers™s negligence) are limited to the remedies specified by these Terms and Conditions.
d. Some states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
7. Dispute Resolution
You agree to contact eBiz-LearningMembers with any disputes relating to the Site or Materials, or these Terms and Conditions, and provide a written description of the problem, all relevant documents/information, and the proposed resolution. You agree to contact eBiz-LearningMembers with disputes by calling or writing eBiz-LearningMembers per the Notices section below. eBiz-LearningMembers and you agree to finally settle all disputes (as defined and subject to any specific exceptions below) only by arbitration in the state of Nevada in accordance with the rules of the American Arbitration Association. The arbitrator’s decision and award is final and binding, with some exceptions under the Federal Arbitration Act (FAA), and judgment on the award may be entered in any court with jurisdiction. Any arbitration shall take place in Las Vegas, Nevada.
You agree to indemnify, defend, and hold eBiz-LearningMembers harmless from any claims arising out of your actions, including, but not limited to, violating these Terms and Conditions, any applicable law or regulation, or the rights of any third party.
a. Binding. These Terms and Conditions shall be binding upon your employees, officers, and permitted successors and assigns. You shall provide a copy of these Terms and Conditions to all of your employees who use the Site or Materials and shall ensure their compliance with the Terms and Conditions.
b. Assignability. These Terms and Conditions and all rights and obligations thereunder shall not be assignable by you except with the prior written consent of eBiz-LearningMembers. A change in control shall be deemed an assignment subject to this Section.
c. Liability. eBiz-LearningMembers shall not be liable for special, indirect, incidental or consequential damages, whether arising from contract or negligence. No action or claim relating to these Terms and Conditions or the Site or Materials may be instituted more than one (1) year after the event giving rise to such action or claim.
d. Entire Agreement; Amendment. These Terms and Conditions are the complete and exclusive agreement for the Site or Materials and supersede all other communications, oral or written, between the parties relating to the Terms and Conditions subject matter. Any change to these Terms and Conditions shall not be valid unless it is in writing and signed by both parties.
e. Choice of Law/Arbitration. This Agreement shall be governed by the laws of the State of Nevada.
f. Waiver. Neither the failure nor any delay to exercise a right, remedy or privilege under these Terms and Conditions shall operate as a waiver thereof, nor shall any single or partial exercise of a right, remedy or privilege preclude any further exercise of same.
g. Severability. A determination that any provision of these Terms and Conditions is invalid, illegal or unenforceable shall not affect the enforceability of any other provision.
h. Notices. All notices and other communications to eBiz-LearningMembers under these Terms and Conditions shall be in writing and shall be mailed to Wendy Byford, eBiz-LearningMembers, 6440 Sky Point Dr., #140-108, Las Vegas Nevada 89131 with a copy e-mailed to email@example.com. All notices and other communications to you shall be e-mailed to you at the e-mail address you provide during enrollment.