|
This Web Site
(the "Site") is provided by
Top Business Products and Business Wise and is subject to your compliance with the
terms and conditions set forth below.
1. Copyright, Licenses and Idea Submissions.
The entire contents of this Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are Top Business Products and Business Wise, its affiliates or
other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE,
REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE
MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR
SOFTWARE.
You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete
any copyright or proprietary notices from the materials. You agree
to grant to Top Business Products and Business Wise a non-exclusive,
royalty-free, worldwide, perpetual license, with the right to
sub-license, to reproduce, distribute, transmit, create derivative
works of, publicly display and publicly perform any materials and
other information (including, without limitation, ideas contained
therein for new or improved products and services) you submit to any
public areas of the Site (such as bulletin boards, forums and
newsgroups) or by e-mail to Top Business Products and Business Wise by all
means and in any media now known or hereafter developed.
You also grant to Top Business Products
and Business Wise the right to use your name in connection with the submitted
materials and other information as well as in connection with all
advertising, marketing and promotional material related thereto. You
agree that you shall have no recourse against Top Business Products
and Business Wise for any alleged or actual infringement or
misappropriation of any proprietary right in your communications to
Top Business Products and Business Wise.
Trademarks.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of Top
Business Products and Business Wise. Other product and company names mentioned in
the Site may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by Top Business Products and
Business Wise, Top Business Products and Business Wise does not operate, control or
endorse any information, products or services on the Internet in any
way. Except for Top Business Products and Business Wises' identified
information, products or services, all information, products and
services offered through the Site or on the Internet generally are
offered by third parties, that are not affiliated with Top Business
Products and Business Wise.
You also understand that although
Top Business Products and Business Wise takes as many precautions as possible
it cannot and does not guarantee or warrant that files available for
downloading through the Site will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or
destructive properties. You are responsible for implementing
sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of
any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. TOP BUSINESS PRODUCTS AND BUSINESS WISE PROVIDES THE SITE
AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR
IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER
(INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT,
OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE
INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY, AND TOP BUSINESS PRODUCTS AND BUSINESS WISE SHALL NOT BE
LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO
EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS,
ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH
THE SERVICE OR ON THE INTERNET GENERALLY. TOP BUSINESS PRODUCTS AND
BUSINESS WISE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE
OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
TOP BUSINESS PRODUCTS AND BUSINESS WISE HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL TOP BUSINESS PRODUCTS AND BUSINESS WISE BE LIABLE FOR (I)
ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION,
LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE
USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE
SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF
TOP BUSINESS PRODUCTS AND BUSINESS WISE OR ITS AUTHORIZED REPRESENTATIVES
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY
CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE
SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE
ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, TOP BUSINESS
PRODUCTS AND BUSINESS WISE INVESTMENTS
PTY LTD LIABILITY IS LIMITED TO THE GREATEST EXTENT
PERMITTED BY LAW.
Top Business Products and Business Wise makes no representations whatsoever
about any other web site which you may access through this one or
which may link to this Site. When you access a non-Top Business
Products and Business Wise web site, please understand that it is
independent from Top Business Products and Business Wise, and that
Top Business Products and Business Wise has no control over the content on that web
site. In addition, a link to a Top Business Products and Business
Wise web
site does not mean that Top Business Products and Business Wise endorses or
accepts any responsibility for the content, or the use, of such web
site.
3. Indemnification.
You agree to indemnify, defend and hold
harmless Top Business Products and Business Wise, its officers, directors,
employees, agents, licensors, suppliers and any third party
information providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys' fees,
resulting from any violation of this Agreement (including negligent
or wrongful conduct) by you or any other person accessing the
Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of
the Service), and 3 (Indemnification) are for the benefit of
Top Business Products and Business Wise and its officers, directors,
employees, agents, licensors, suppliers, and any third party
information providers to the Service. Each of these individuals or
entities shall have the right to assert and enforce those provisions
directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by
either party without notice at any time for any reason. The
provisions of paragraphs 1 (Copyright, Licenses and Idea
Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of
this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and
construed in accordance with the laws of Australia applicable to
agreements made and to be performed in Australia. You agree that any
legal action or proceeding between Top Business Products and
Business Wise and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in Australia .
Any cause of action or claim you may
have with respect to the Service must be commenced within one (1)
year after the claim or cause of action arises or such claim or
cause of action is barred. Top Business Products and Business Wise failure
to insist upon or enforce strict performance of any provision of
this Agreement shall not be construed as a waiver of any provision
or right. Neither the course of conduct between the parties nor
trade practice shall act to modify any provision of this Agreement.
Top Business Products and Business Wise may assign its rights and duties
under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
Last Updated: March 31, 2005 |