TERMS OF SERVICE
1.ACCEPTANCE OF TERMS
SBN.com (or “The Company”) provides the Services (defined below) to you
subject to the following Terms of Service ("TOS"), which may be updated by us
from time to time without notice to you (collectively the "TOS"). You can review
the most current version of the TOS at any time at: www.sbn.com/content/terms.
By accessing and using the SBN.com Services, you accept and agree to be
bound by the terms and provision of the TOS. In addition, when using particular
SBN.com owned or operated services, you and SBN.com shall be subject to any
posted guidelines or rules applicable to such services, which may be posted and
modified from time to time. All such guidelines or rules (including but not limited
to our Spam Policy) are hereby incorporated by reference into the TOS. You
shall be responsible for reviewing and becoming familiar with any such
modifications. Such modifications are effective immediately upon first posting and
use of our website or any services by you constitutes your acceptance of these
Terms as modified.
VIEWING OR USING ALL OR ANY PART OF THE SERVICE, DOWNLOADING
ANY MATERIALS OR BY COMPLETING THE SUBSCRIPTION AND
INFORMATION REQUEST REGISTRATION PROCESS, YOU AGREE TO BE
BOUND BY ALL OF THE TERMS.
2.THE SBN.com SERVICE
SBN.com provides users, who submit queries in any Web-based search box
provided by the Company, with Internet navigation assistance web pages
("Results Pages") containing search results and other content (collectively, the
"Service"). Unless explicitly stated otherwise, any new features that enhance the
current Service shall be subject to these Terms. In order to use the Service, you
must obtain access to the World Wide Web, either directly or through devices
that access web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other
access device. The Service is available to individuals who are at least 18 years
old, whether acting on their own behalf or as an authorized employee or
representative of a corporation or other business entity. If you do not so qualify,
do not attempt to register for or use the Service. SBN.com may refuse to offer the
Service to any person or entity and may change its eligibility criteria, at any time,
in its sole discretion.
3.REGISTRATION OBLIGATIONS
In order to take advantage of certain features on the Service (including the
posting of reviews of businesses and the receipt of newsletters and special offers
from SBN.com), you may be required to create an account with SBN.com. In
consideration of use of the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's
registration form (such information being the "Registration Data") and (b)
maintain and promptly update the Registration Data to keep it true, accurate,
current and complete. If you provide any information that is untrue, inaccurate,
not current or incomplete, or the Company has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete, SBN.com
has the right to suspend or terminate your account and refuse any and all current
or future use of the Service (or any portion thereof). Additionally, you agree that if
you provide false information to obtain access to an SBN.com business site that
you are not legally entitled to claim, SBN.com will be entitled to collect liquidated
damages of $1500 per violation or actual damages incurred by the Company
from you. You understand and agree that the service may include certain
electronic and telephone communications from SBN.com, including but not
limited to, service announcements, status reports, administrative messages and
the SBN.com Newsletter, and that these communications are considered part of
SBN.com membership and (except as prohibited by applicable law) you may not
be able to opt out of receiving them.
4.SBN.com PRIVACY POLICY
For information regarding how we treat personal information of our users, please
see SBN.com's current, full privacy policy at:
http://www.sbn.com/replicator/privacy.aspx, which is incorporated by this reference.
5.USER CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not SBN.com, are
entirely responsible for all Content that you upload, post or otherwise transmit via
the Service. SBN.com does not control the Content posted via the Service and,
as such, does not guarantee the accuracy, integrity or quality of such Content,
including but not limited to business endorsements and commentary. You
understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable.
You agree to use our Site and the Content (whether provided by us or others), as
well as any software provided in connection with the Site, in a manner consistent
with all applicable laws and regulations. Additionally, you will not take any of the
following actions with respect to our Site, related software, or Content, nor will
you use our Site or related software to upload, post, email, distribute, transmit,
link, solicit or otherwise make available any Content or use our Site in any
manner that:
- Is unlawful, harmful to minors, threatening, harassing, abusive, defamatory,
slanderous, vulgar, gratuitously violent, obscene, pornographic, indecent,
lewd, libelous, invasive of another's privacy, or racially, ethnically or
otherwise offensive, hateful or abusive;
- Infringes someone else's patent, trademark, trade secret, copyright or other
intellectual property or other rights;
- Removes any proprietary notices or labels on the Content;
- Advocates or solicits violence, criminal conduct or the violation of any local,
state, national or international law or the rights of any third party;
- Is deceptive in any way, such as an offer to sell fraudulent goods or
contains an impersonation of any person or entity or misrepresents an
affiliation with a person or entity;
- Specifically advertises firearms or ammunition, tobacco, alcohol, illegal
drugs, or other contraband;
- Constitutes unsolicited or unauthorized advertising, junk or bulk e-mail
(SPAM), chain letters, or any other unsolicited commercial or noncommercial
communication;
- Interferes with others using the Sites;
- Is off-topic according to the description of the group, forum or webpage;
- Contains software viruses, worms, time bombs, corrupted files, Trojan
horses or any other computer code, files, or programs that are designed or
intended to disrupt, damage, overburden, impair or limit the functioning of
any software, hardware, network, server or communications systems or
equipment;
- Contains a charity request, petitions for signatures, chain letters or letters
relating to a pyramid scheme;
- Disrupts, interferes or inhibits any other user from enjoying the Sites or
other affiliated or linked websites, material, contents, products and/or
services;
- Uses any robot, spider, or other such programmatic or automatic device,
inducing but not limited to automated dial-in or inquiry devices, to obtain
information from the Site or otherwise monitor or copy any portion of the
Site, products and/or services;
- Creates a false identity for the purpose of misleading others;
- Prepares, compiles, uses, downloads or otherwise copies any user
information and/or usage information for any portion thereof, or transmit,
provide or otherwise distribute (whether or not for a fee) such information to
any third party;
- Uses any company domain name as a pseudonymous return email
address;
- Contains any offer for unsolicited goods or services or any advertising or
promotional materials, except in those areas specifically designated for
such purpose (e.g., classified bulletin board);
- Provides material support or resources (or conceals or disguises the
nature, location, source, or ownership of material support or resources) to
any organization(s) designated by the United States government as a
foreign terrorist organization pursuant to section 219 of the Immigration and
Nationality Act;
- Attempts to disable, bypass, modify, defeat or otherwise circumvent any of
the digital rights management or other security related tools incorporated
into the software or any Content or the Sites;
- Reproduces, duplicates, copies, sells, trades, resells or exploits for any
commercial purposes, any portion of the Sites or Content, use of the Sites,
or access to the Sites;
- Publishes, publicly performs or displays, or distributes to any third party any
Content, including reproduction on any computer network or broadcast or
publications media;
- Systematically collects and uses any Content including the use of any data
mining, or similar data gathering and extraction methods;
- Makes derivative uses of the Sites or the Content;
- Uses, frames, or utilizes framing techniques to enclose any portion of the
Sites (including the images found at the Sites or any text or the
layout/design of any page or form contained on a page); and/or modifies,
translates, de-compiles, disassembles, uses reverse engineering or
otherwise attempts to derive the source code for the computer systems and
other technology that operate our Site. For purposes of these TOS,
"reverse engineering" shall include the examination or analysis of the Site
to determine the source code, structure, organization, internal design,
algorithms or encryption devices of our Site's underlying technology.
Unless you are participating in an area of the Site that requires or encourages
anonymity, we encourage you to use your real name. In addition, you agree that
all hyperlinks and other offers comprising the Service (e.g. hyperlinks provided in
connection with SBN.com's RSS feeds) may not be modified from the original
form in which such hyperlinks and other offers are generally made available by
SBN.com.
6.CONTENT SUBMITTED TO SBN.com
SBN.com does not claim ownership of the Content you place on your SBN.com
Site. By uploading, submitting or otherwise disclosing or distributing content of
any kind on the SBN.com website or otherwise through the Service, you:
- Grant to SBN.com, its affiliates and their assignees the perpetual,
irrevocable, non-exclusive, royalty-free right to use, reproduce, display,
perform, adapt, modify, distribute, make derivative works of and otherwise
exploit such content in any form for the purpose of providing the Services,
including without limitation, any concepts, ideas or know-how embodied
therein;
- Represent and warrant to SBN.com that you own or otherwise control all
rights to such content and that disclosure and use of such content by
SBN.com (including without limitation, publishing content at the SBN.com
website) will not infringe or violate the rights of any third party; and
- Acknowledge that the content may not be treated confidentially.
- You agree not to provide SBN.com with any confidential or proprietary
information that you desire or are required to keep secret.
- You acknowledge that SBN.com does not pre-screen Content, but that
SBN.com and its designees shall have the right (but not the obligation) in
their sole discretion to remove or block access to any Content that is
available via the Service. Without limiting the foregoing, SBN.com and its
designees shall have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must evaluate, and bear
all risks associated with, the use of any Content, including any reliance on
the accuracy, completeness, or usefulness of such Content.
7.POSTING REVIEWS ON SBN.com
You agree that you will only provide reviews that you believe to be true and you
will not purposely provide false or misleading information in your reviews. You
are responsible for complying with all laws applicable to any content you submit
to the Service, including any reviews. You are solely responsible for your reviews
listed on the Service. SBN.com reserves the right, but has no obligation, to
monitor disputes between you and any business that you have reviewed.
SBN.com reserves the right, but not the obligation, to refuse to post or to remove
any review submitted through your SBN.com account (a "Review") for any
reason, including if the Review contains any of the following:
- Offensive, harmful and/or abusive language, including without limitation:
expletives, profanities, obscenities, harassment, vulgarities, sexually explicit
language and hate speech (e.g., racist/discriminatory speech)
- References to illegal activity, malpractice, purposeful overcharging, false
advertising or health code violations (e.g., food poisoning, foreign objects in
food, etc.)
- Reviews submitted by the reviewed business' employees (past or present)
or competitors, as determined by SBN.com
- Reviews that do not address the goods and services of the business or
Reviews with no qualitative value (e.g., "this place is great!"), as determined
by SBN.com in its sole discretion.
- Reviews commenting on other users
- Content that contains personal attacks or describes physical confrontations
and/or sexual harassment
- Excessive damage caused by business or service to person or property
- Personal information or messages including email addresses, URLs, phone
numbers and postal addresses
- Messages that are advertising or commercial in nature, or are inappropriate
based on the applicable subject matter
- Language that violates the standards of good taste or the standards of this
website, as determined by SBN.com in its sole discretion
- Content determined by SBN.com to be offensive, illegal, or to violate any
federal, state, or SBN.com law or regulation or the rights of any other
person or entity
- Language intended to impersonate other users (including names of other
individuals) or offensive or inappropriate user names or signatures
- Content that is not in English, that is encrypted or that contains viruses,
Trojan horses, worms, time bombs, cancel bots or other computer
programming routines that are intended to damage, interfere with, intercept
or appropriate any system, data or personal information
- Content that otherwise violates this Agreement or that may harm or
threaten the safety of other users of the Service
- Content that is false or intentionally misleading
Reviews do not reflect the views of
SBN.com or any of
SBN.com’s subsidiaries
or affiliated companies or any of their respective employees, officers, directors, or
shareholders.
SBN.com does not assume responsibility or liability for any Review
or for any claims, damages, or losses resulting from any use of a Review.
You agree that any Reviews that you submit to
SBN.com shall be owned
exclusively and in perpetuity by
SBN.com. Such exclusive ownership means that
SBN.com, its subsidiaries, and/or affiliated companies have the unrestricted,
perpetual, and exclusive right to use, reproduce, modify, translate, transmit, sell,
and distribute any and all materials and communications regarding and including
submitted Reviews.
SBN.com is under no obligation to give credit or pay any
consideration to you for your Reviews. If, despite the foregoing, full title and
ownership of the Reviews is not deemed to be vested in
SBN.com, you agree to
and hereby do grant, and you represent and warrant that you have the right to
grant,
SBN.com, its contractors and distribution partners, and the users of the
Service an irrevocable, perpetual, royalty-free, fully sub licensable, fully paid up,
worldwide license to use, copy, publicly perform, digitally perform, publicly
display, and distribute your Reviews and to prepare derivative works of, or
incorporate into other works, such Reviews. This license is non-exclusive, except
you agree that
SBN.com shall have the exclusive right to practice this license to
the extent of combining your Reviews with the Reviews of other
SBN.com users
for purposes of constructing or populating a searchable database of business
reviews.
8.USE OF REVIEWS
SBN.com does not control the content posted by third parties on the Service,
including the content of any Reviews, and does not guarantee the accuracy,
integrity or quality of such content. You understand that by using the Service you
may be exposed to content that is offensive, indecent or objectionable. You
agree that you must evaluate and bear all risks associated with the use of any
content on the Service, including any reliance on the content, integrity, and
accuracy of such content. Under no circumstances will SBN.com be liable in any
way for any content, including any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of your use of any content. If you see
objectionable content or have any questions about this Agreement, please
contact SBN.com at support@sbn.com.
9.COUPONS
If you as a business use the couponing feature to provide consumers with deals
through the SBN.com platform, you represent and warrant that you have
authority to offer such a deal and promise to honor the terms of that deal as they
are presented to the consumer through the SBN.com platform. Without limitation
of other representations, warrants, and indemnities elsewhere within these TOS,
you specifically agree to indemnify SBN.com against any claims by users of the
service that the terms of a coupon or other offered deal were not honored.
10.CLICK MONEY
SBN.com Click Money is earned through various campaigns on the SBN.com
site and has no cash value or other independent economic value. You agree not
to abuse Click Money privileges through conduct which is detrimental to the
interests of SBN.com and our partners, including but not limited to, attempting to
earn Click Money through illegitimate means such as purchasing or redemption
fraud, or tampering with Click Money award links, attempting to accrue Click
Money or spend Click Money contrary to the expressed intent of the program,
having multiple accounts.
SBN.com is not responsible for lost or stolen rewards once issued. Rewards are
subject to change at any time without notice. The amount of Click Money
required to redeem for a reward is subject to change at any time without notice.
Click Money will be subtracted from your account once the order is placed by you
and captured by the SBN.com system. Once used, Click Money will not be
reinstated to your account.
SBN.com shall have sole and exclusive discretion in determining abuse, fraud, or
violation of its rules and any decision it makes relating to termination of
membership or cancellation of Click Money shall be final and binding.
SBN.com reserves the right to terminate or disable, at its sole discretion, any
SBN.com account if it believes you have acted contrary to the intent of this
Agreement. You understand and agree that disabling your account will result in
your inability to redeem and/or earn Click Money. You understand and agree that
termination of your SBN.com account will result in the cancellation of all Click
Money you may have earned. In addition SBN.com reserves the right to cancel
or disable accounts and expire unredeemed Click Money in those accounts that
are inactive for a period of 6 consecutive months. You acknowledge that you may
only participate in Click Money if and to the extent that such participation is
permitted by applicable laws, rules, and regulations.
11.INDEMNITY
You agree to indemnify and hold SBN.com, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of your Content, your use of the Service, your
connection to the Service, your violation of the TOS, or your violation of any
rights of another.
12.NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Service, use of the Service, or access to the Service.
13.MODIFICATIONS TO SERVICE
SBN.com reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or
without notice. You agree that SBN.com shall not be liable to you or to any third
party for any modification, suspension or discontinuance of the Service.
14.TERMINATION
You agree that SBN.com, in its sole discretion, may terminate your password,
SBN.com Site, use of the Service or use of any other SBN.com service, and
remove and discard any Content within the Service, for any reason, including,
without limitation, for lack of use or if SBN.com believes that you have violated or
acted inconsistently with the letter or spirit of the TOS. SBN.com may also in its
sole discretion and at anytime discontinue providing the Service, or any part
thereof, with or without notice. You agree that any termination of your access to
the Service under any provision of this TOS may be effected without prior notice,
and acknowledge and agree that SBN.com may immediately deactivate or delete
your SBN.com Site and all related information and files in your SBN.com Site
and/or bar any further access to such files or the Service. Further, you agree that
SBN.com shall not be liable to you or any third-party for any termination of your
access to the Service.
15.ADVERTISEMENTS
SBN.com runs advertisements and promotions on SBN.com Sites. By creating
your SBN.com Site, you agree that SBN.com has the right to run such
advertisements and promotions. The manner, mode and extent of advertising by
SBN.com on your SBN.com Site are subject to change in the sole discretion of
SBN.com.
Your correspondence or business dealings with, or participation in promotions of,
advertisers found on or through the SBN.com Services, including payment and
delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and
such advertiser. You agree that SBN.com shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the SBN.com Services.
16.AD PACKAGES BUSINESS AGREEMENT TERMS AND CONDITIONS
Please carefully read this agreement, including the AD Package chosen, before
filing it in a safe place.
By accepting this agreement, the business is bound by its conditions. It covers
important topics such as the business' AD Package, SBN.com's rights to change
its conditions, billing and cancellation policy, and how long the agreement lasts.
If the business accepts this agreement, it will apply to all AD Packages from
SBN.com.
AD PACKAGES
Business agrees and understands that SBN.com AD Packages are comprised of
a monthly service that creates and manages key categories, keyword and search
phrase ad campaigns on major search engines. All AD Packages include the
following features: building local business networks, change incorrect
information, being listed in SBN.com city, zip, and category directories, uploading
image and videos, creating coupons from a selection of templates, managing
press releases, industry news and advertising on SBN.com listing pages.
SBN.com reserves the right to modify these features at any time subject to the
notice requirements set forth herein. (See Section 22, Notice.)
THIS AGREEMENT STARTS WHEN THE BUSINESS ACCEPTS. The business
accepts when they do any of the following things after an opportunity to review
this agreement:
- Give SBN.com an electronic signature;
- Tell SBN.com orally or electronically that you accept;
- Open a package that says the business accepts by opening it; or
- Use the business' service after making any change or addition when SBN.com told the business that the change or addition requires
acceptance.
IF THE BUSINESS DOESN'T WANT TO ACCEPT, DON'T DO ANY OF THESE
THINGS.
BILLING AND CANCELLATION
Except as explicitly permitted by this agreement, the business agrees to maintain
service with SBN.com for the minimum term. After that, the business becomes a
month–to–month customer under this agreement. The business can cancel their
account any time after the minimum term. All cancellation requests must be
submitted online through the business' account manager via their SBN.com
Dashboard.
17.COUPONS, DEALS, AND PROMOTIONS
Your correspondence or business dealings with, or participation in promotions of,
business or advertisers found on or through the Service, including payment and
delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and
such business or advertiser. You agree that SBN.com shall not be responsible or
liable for any loss or damage of any sort incurred as the result of any such
dealings or as the result of the presence of such advertisers on the Service.
18.LINKS
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because SBN.com has no control over such sites and
resources, you acknowledge and agree that SBN.com is not responsible for the
availability of such external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or other materials on
or available from such sites or resources. You further acknowledge and agree
that SBN.com shall not be responsible or liable, directly or indirectly, for any
damage or loss caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or through any
such site or resource.
19.SBN.com PROPRIETARY RIGHTS
You agree that all content and materials delivered via the Service or otherwise
made available by SBN.com are protected by copyrights, trademarks, service
marks, patents, trade secrets or other proprietary rights and laws. Except as
expressly authorized by SBN.com in writing, you agree not to sell, license, rent,
modify, distribute, copy, reproduce, transmit, publicly display, publicly perform,
publish, adapt, edit or create derivative works from such materials or content.
However, you may print or download a reasonable number of copies of the
materials or content at SBN.com's website for your internal business purposes;
provided, that you retain all copyright and other proprietary notices contained
therein. Systematic retrieval of data or other content from SBN.com's website to
create or compile, directly or indirectly, a collection, database or directory without
written permission from SBN.com is prohibited. Any third party that contacts our
users for commercial reasons, including selling them products or services, is in
violation of these terms and each individual violation is subject to $5,000 in
penalties per instance. Reproducing, copying or distributing any content,
materials or design elements on the SBN.com website for any other purpose is
strictly prohibited without the express prior written permission of SBN.com. Use
of the Content or materials for any purpose not expressly permitted in these
Terms is prohibited. Any rights not expressly granted herein are reserved.
You acknowledge and agree that the Service and any necessary software used
in connection with the Service ("Software") contain proprietary and confidential
information that is protected by applicable intellectual property and other laws.
SBN.com grants you a personal, non-transferable and non-exclusive right and
license to use the object code of its software on a single computer; provided that
you do not (and do not allow any third party to) copy, modify, create a derivative
work of, reverse engineer, reverse assemble or otherwise attempt to discover
any source code, sell, assign, sublicense, grant a security interest in or otherwise
transfer any right in the Software. You agree not to modify the software in any
manner or form, or to use modified versions of the software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service. You
agree not to access the Service by any means other than through the interface
that is provided by SBN.com for use in accessing the Service.
20.DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SBN.com
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF BUSINESS ABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- SBN.com MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR
RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY
YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS,
AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY
SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM SBN.com OR THROUGH OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED
IN THE TOS.
21.LIMITATION OF LIABILITY
IN NO EVENT SHALL SBN.com (OR ITS AFFILIATES, LICENSORS OR
SUPPLIERS) BE LIABLE CONCERNING THE SUBJECT MATTER OF THIS
AGREEMENT, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION
(WHETHER IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR
OTHERWISE), FOR ANY (A) MATTER BEYOND ITS REASONABLE
CONTROL, (B) LOSS OR INACCURACY OF DATA, LOSS OR INTERRUPTION
OF USE, OR COST OF PROCURING SUBSTITUTE TECHNOLOGY, GOODS
OR SERVICES, (C) DIRECT OR INDIRECT, PUNITIVE, INCIDENTAL,
RELIANCE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUES,
PROFITS OR GOODWILL, OR (D) # AMOUNTS IN THE AGGREGATE
GREATER THAN TEN DOLLARS ($10), EVEN IF SBN.com HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS
ARE INDEPENDENT FROM ALL OTHER PROVISIONS OF THIS AGREEMENT
AND SHALL APPLY NOT WITHSTANDING THE FAILURE OF ANY REMEDY
PROVIDED HEREIN.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 20 AND 21 MAY NOT APPLY TO
YOU.
23.COPYRIGHTS
SBN.com respects the intellectual property rights of others and we ask our
users to do the same.
24.NOTICE
Notices to you may be made via either email or regular mail. The Service may
also provide notices of changes to the TOS or other matters by displaying notices
or links to notices to you generally on the Service.
25.GENERAL INFORMATION
The TOS constitute the entire agreement between you and SBN.com and govern
your use of the Service, superseding any prior agreements between you and
SBN.com (including, but not limited to, any prior versions of the TOS). These
TOS and the Service contemplated here under are personal to you, and are not
assignable, transferable or sub licensable by you except with SBN.com's prior
written consent. SBN.com may assign, transfer or delegate any of its rights and
obligations here under without consent. You also may be subject to additional
terms and conditions that may apply when you use affiliate or other SBN.com
services, third-party content or third-party software. The TOS and the relationship
between you and SBN.com shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and SBN.com agree
to submit to the personal and exclusive jurisdiction of the courts located within
Orange County, California. The failure of SBN.com to exercise or enforce any
right or provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and 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 the Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever barred. The section titles in the
TOS are for convenience only and have no legal or contractual effect.
26.VIOLATIONS
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