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Limitation
of Liability
Except where prohibited by law, in no event will Internet Opportunity Business Review be liable to
you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if
Internet Opportunity Business Review has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, Internet Opportunity Business Review is
found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of
the Site or any Content, Internet Opportunity Business Reviews liability shall in no event exceed the total of
any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months
prior to the date of the initial claim made against Internet Opportunity Business Review (but not
including the purchase price for any Internet Opportunity Business Review software
products.
Indemnity
You agree to indemnify and hold Internet Opportunity Business Review, its
officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and
affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys' fees), made
against Internet Opportunity Business Review by any third party due to or
arising out of or in connection with your use of the Site.
Purchases; Other Terms and Conditions
Additional terms and conditions may apply to purchases of goods or services and to specific portions or features
of the Site, including contests, promotions or other similar features, all of which terms are made a part of these
Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable
representing that you are of sufficient legal age to use or participate in such service or feature.
If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion
of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your
use of that portion of the Site or the specific service.
Internet Opportunity Business Review's obligations, if any, with regard to its
products and services are governed solely by the agreements pursuant to which they are provided, and nothing on
this Site should be construed to alter such agreements.
Internet Opportunity Business Review may make changes to any products or services
offered on the Site, or to the applicable prices for any such products or services, at any time, without notice.
The materials on the Site with respect to products and services may be out of date, and Internet Opportunity Business Review makes no commitment to update the materials on the Site
with respect to such products and services.
The following terms also govern and apply to your use of the Site, and they are incorporated.
Each of these policies may be changed from time to time and are effective immediately upon posting such changes
on the Site.
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including
setting up an Internet Opportunity Business Review ID and password). You are
entirely responsible for maintaining the confidentiality of your account information, including your password, and
for any and all activity that occurs under your account.
You agree to notify Internet Opportunity Business Review immediately of any
unauthorized use of your account or password, or any other breach of security. However, you may be held liable for
losses incurred by Internet Opportunity Business Review or any other user of
or visitor to the Site due to someone else using your Internet Opportunity Business
Review ID, password or account.
You may not use anyone else's Internet Opportunity Business Review ID,
password or account at any time without the express permission and consent of the holder of that Internet Opportunity Business Review ID, password or account.Internet Opportunity Business Review cannot and will not be liable for any loss or damage
arising from your failure to comply with these obligations.
Links to Other Sites and to the Internet Opportunity Business Review
Site
This Site may contain links to other independent third-party web sites ("Linked Sites"). These Linked Sites are
provided solely as a convenience to our visitors. Such Linked Sites are not under Internet Opportunity Business Review 's control, and Internet Opportunity Business Review is not responsible for and does not endorse the
content of such Linked Sites, including any information or materials contained on such Linked Sites.
You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
INTERNET OPPORTUNITY BUSINESS REVIEW DOES NOT PROMISE THAT THE SITE OR
ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE
CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT RE DELIVERED ON AN
"AS-IS" AND "AS-AVAILABLE" BASIS.
ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. INTERNET
OPPORTUNITY BUSINESS REVIEW CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL
BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. INTERNET OPPORTUNITY
BUSINESS REVIEW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY,
NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
INTERNET OPPORTUNITY BUSINESS REVIEW DISCLAIMS ANY AND ALL LIABILITY FOR THE
ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY
INTERNET OPPORTUNITY BUSINESS REVIEW SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR
YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST INTERNET OPPORTUNITY
BUSINESS REVIEW FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH
CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error,
omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line
failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract,
tort, negligence or any other cause of action.
Internet Opportunity Business Review reserves the right to do any of
the following, at any time, without notice to:
- Modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any
reason
- Modify or change the Site, or any portion of the Site, and any applicable policies or terms
- Interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or
non-routine maintenance, error correction, or other changes
Limitation of Liability
Except where prohibited by law, in no event will Internet Opportunity Business
Review be liable to you for any indirect, consequential, exemplary, incidental or punitive damages,
including lost profits, even if Internet Opportunity Business Review has been
advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, NCsoft is found to be liable to you for any
damage or loss which arises out of or is in any way connected with your use of the Site or any Content, NCsoft's
liability shall in no event exceed the total of any subscription or similar fees with respect to any service or
feature of or on the Site paid in the six months prior to the date of the initial claim made against
Internet Opportunity Business Review (but not including the purchase price for
any Internet Opportunity Business Review software products).
Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork
and computer code (collectively, "Content"), including but not limited to the design, structure, selection,
coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned,
controlled or licensed by or to Internet Opportunity Business Review, and is
protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and
unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied,
reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in
any way (including "mirroring") to any other computer, server, web site or other medium for publication or
distribution or for any commercial enterprise, without Internet Opportunity Business
Review's express prior written consent.
You may use information on Internet Opportunity Business Review products and
services (such as data sheets, knowledge base articles, and similar materials) purposely made available by
Internet Opportunity Business Review for downloading from the Site, provided that
you:
- Not remove any proprietary notice language in all copies of such documents
- Use such information only for your personal, non-commercial informational purpose and do not copy or post
such information on any networked computer or broadcast it in any media
- Make no modifications to any such information
- Not make any additional representations or warranties relating to such documents
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be
governed by the laws of the Australia and by the laws of the State of Western Australia without regard to its
conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts
in Perth Western Australia, and waive any objection to such jurisdiction or venue.
Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such
claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket
expenses, except that the prevailing party will be entitled to costs and attorneys' fees.
In the event of any controversy or dispute between Internet Opportunity Business
Review and you arising out of or in connection with your use of the Site, the parties shall attempt,
promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a
reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to
mediation.
If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or
remedy available to them under applicable law.
Void Where Prohibited
Internet Opportunity Business Review administers and operates the
Internet Opportunity Business Review Site from its location in Perth, Western
Australia, Australia; other Internet Opportunity Business Review sites may be
administered and operated from various locations outside of Australia.
Although the Site is accessible worldwide, not all features, products or services discussed, referenced,
provided or offered through or on the Site are available to all persons or in all geographic locations, or
appropriate or available for use outside Australia. Internet Opportunity Business
Review reserves the right to limit, in its sole discretion, the provision and quantity of any feature,
product or service to any person or geographic area.
Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access
the Site from outside of Australia, you do so on your own initiative and you are solely responsible for complying
with applicable local laws.
Third Party Companies and Products
Mention of third-party products, companies and web sites on the Internet Opportunity Business Review Site is for informational purposes only and
constitutes neither an endorsement nor a recommendation. Internet Opportunity Business
Review assumes no responsibility with regard to the selection, performance or use of these products or
vendors. Internet Opportunity Business Review provides this only as a
convenience to our users.
Internet Opportunity Business Review has not tested any software found on
these sites and makes no representations regarding the quality, safety, or suitability of any software found there.
There are dangers inherent in the use of any software found on the Internet, and Internet Opportunity Business Review assumes no responsibility with regard to the
performance or use of these products. Make sure that you completely understand the risks before retrieving any
software on the Internet.
All third party products must be ordered directly from the vendor, and all licenses and warranties, if any, take
place between you and the vendor.
The information contained in this web site is subject to change without notice.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or
service offered on the Site, in violation of any applicable laws or regulations, including without limitation
Australian export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction
to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and
replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use
shall remain in full force and effect.
These Terms of Use (including all agreements and policies referenced herein) constitute the entire agreement
between you and Internet Opportunity Business Review with regard to your use
of the Site, and any and all other written or oral agreements or understandings previously existing between you and
Internet Opportunity Business Review with respect to such use are hereby
superseded and cancelled. Internet Opportunity Business Review will not accept any
counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.
Internet Opportunity Business Review 's failure to insist on or enforce strict
performance of these Terms of Use shall not be construed as a waiver by Internet Opportunity Business Review of any provision or any right it has to enforce
these Terms of Use, nor shall any course of conduct between Internet Opportunity Business
Review and you or any other party be deemed to modify any provision of these Terms of Use. These Terms
of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Violation of These Terms of Use
Internet Opportunity Business Review may disclose any information we have
about you (including your identity) if we determine that such disclosure is necessary in connection with any
investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against
someone who may be causing injury to or interference with (either intentionally or unintentionally)
Internet Opportunity Business Review 's rights or property, or the rights or
property of visitors to or users of the Site, including Internet Opportunity Business
Review 's customers.
Internet Opportunity Business Review reserves the right at all times to
disclose any information that Internet Opportunity Business Review deems
necessary to comply with any applicable law, regulation, legal process or governmental request.Internet Opportunity Business Review also may disclose your information when Internet Opportunity Business Review determines that applicable law requires or permits
such disclosure, including exchanging information with other companies and organizations for fraud protection
purposes.
You acknowledge and agree that Internet Opportunity Business Review may
preserve any transmittal or communication by you with Internet Opportunity Business
Review through the Site or any service offered on or through the Site, and may also disclose such data
if required to do so by law or Internet Opportunity Business Review determines
that such preservation or disclosure is reasonably necessary to:
- Comply with legal process
- Enforce these Terms of Use
- Respond to claims that any such data violates the rights of others
- Protect the rights, property or personal safety of Internet Opportunity Business
Review , its employees, users of or visitors to the Site, and the public
You agree that Internet Opportunity Business Review may, in its sole
discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site
if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated
with your use of the Site.
You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business
practice, and will cause irreparable harm to Internet Opportunity Business Review ,
for which monetary damages would be inadequate, and you consent to NCsoft obtaining any injunctive or equitable
relief that Internet Opportunity Business Review deems necessary or
appropriate in such circumstances.
These remedies are in addition to any other remedies Internet Opportunity Business
Review may have at law or in equity.
You agree that Internet Opportunity Business Review may, in its sole
discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not
limited to):
- Requests by law enforcement or other government agencies
- Discontinuance or material modification of the Site or any service offered on or through the Site
- Unexpected technical issues or problems
If Internet Opportunity Business Review does take any legal action against
you as a result of your violation of these Terms of Use, Internet Opportunity Business
Review will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and
costs of such action, in addition to any other relief granted to Internet Opportunity
Business Review.
You agree that Internet Opportunity Business Review will not be liable to
you or to any third party for termination of your access to the Site as a result of any violation of these Terms of
Use.
by Internet Opportunity Business Rev
iew - Feb 2010
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