| TERMS OF USE
The following Terms of Use govern your use of e-Biz Technologies’
web site (this "Site") and the materials accessible on
or from this Site. Please read these Terms of Use carefully before
accessing any part of this Site. Your access of this Site constitutes
your agreement with and acknowledgement of these Terms of Use. If
you do not agree with these Terms of Use, you may not access this
Site.
NO REPRESENTATOINS AND WARRANTIES
Neither e-Biz Technologies nor its affiliated entities warrant
or make any representations of any kind with respect to the materials
and information contained on this Site. Your use of this Site is
at your own risk. Although e-Biz Technologies attempts to provide
accurate information, this Site is intended to be for general reference
and informational purposes only. Employer and other information,
including job descriptions and availability, is subject to change
at any time. Although we strive to keep this Site up to date, it
may contain inaccurate, incomplete, or out-of-date information.
e-Biz Technologies assumes no responsibility for errors or omissions
in the content of this Site, and makes no commitment to update such
information. Your sole and exclusive e-Biz Technologies for issues
relating to the use of, or the material on, this Site shall be to
discontinue accessing this Site or using the information or material
obtained. The user and e-Biz Technologies agree that e-Biz Technologies
shall not be liable for any damages relating to the use of, or reliance
upon, this Site or such material.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, YOU HEREBY WAIVE,
DISCLAIM AND RELEASE e-Biz TECHNOLOGIES, ITS SUBSIDIARIES AND AFFILIATES,
AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS,
AND ASSIGNS, FROM ALL CLAIMS OF ANY KIND (SPECIFICALLY INCLUDING
ANY AND ALL CLAIMS FOR ACTUAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE
OR EXEMPLARY DAMAGES, ATTORNEYS' FEES AND COSTS, OR CLAIMS FOR INTEREST,
EVEN IF e-Biz TECHNOLOGIES IS ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), RELATED TO, OR ARISING FROM, DIRECTLY OR INDIRECTLY, YOUR
ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY INFORMATION
OR MATERIAL CONTAINED THEREIN. WITHOUT LIMITING THE FOREGOING, EVERYTHING
ON THIS SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE OR NON-INFRINGEMENT.
e-Biz TECHNOLOGIES'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL
BE STRICTLY LIMITED TO THE MINIMUM AMOUNT ALLOWED BY APPLICABLE
LAW, AND UNDER NO CIRCUMSTANCES SHALL e-Biz TECHNOLOGIES' TOTAL
LIABILITY EXCEED FIVE DOLLARS ($5.00). THIS LIMITATION IS e-Biz
TECHNOLOGIES'S CUMULATIVE TOTAL LIABILITY FOR ANY AND ALL LIABILITY
TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM
ANY CLAIMS, DEMANDS OR ACTIONS ARISING OUT OF OR RELATING TO THIS
AGREEMENT, THIS SITE, OR ANY INFORMATION OR MATERIALS ACCESSIBLE
ON OR FROM THIS SITE.
INDEMNITY
YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR
WHILE ON THIS SITE AND AGREE TO INDEMNIFY AND HOLD e-Biz TECHNOLOGIES,
ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS, AND ASSIGNS, HARMLESS
FROM AND AGAINST ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE OF
ANY KIND (INCLUDING ATTORNEYS' FEES) THAT WE MAY INCUR IN CONNECTION
WITH A THIRD PARTY CLAIM OR OTHERWISE, IN RELATION TO YOUR USE OF
THIS SITE (INCLUDING POSTING OF ANY CONTENT) OR ACCESS TO THIS SITE,
OR YOUR VIOLATION OF EITHER THESE TERMS OF USE OR THE RIGHTS OF
ANY THIRD PARTY.
REQUIRED CONDUCT
e-Biz Technologies requires that you agree to follow the following
basic rules of conduct when using this Site:
(1) You will follow these Terms of Use and all applicable laws;
(2) You will only provide truthful and accurate information;
(3) You will not harass, threaten or abuse other people when using
this Site in any manner;
(4) You will not interfere with others' use of this Site, including
by interrupting other users' sessions, or otherwise act in a way
that negatively affects other users' use of this Site;
(5) You will not post any content that is obscene or may be hateful
or offensive on racial, ethnic, sexual or any other grounds; is
harmful, vulgar or distasteful; or is defamatory, libelous, or invades
another person's privacy or proprietary rights;
(6) You will not collect or store personally identifiable information
about any other individual on this Site, or otherwise stalk, repeatedly
contact or harass another user;
(7) You will not impersonate any other person or misrepresent a
relationship with any person or entity, including misrepresenting
a relationship with e-Biz Technologies; similarly, you will not
adopt a false identity if the purpose of doing so is to deceive
or defraud another;
(8) You will not post any content that contains any viruses, cancel
bots, Trojan horses, harmful code, or other computer software or
program designed to interrupt this Site we provide, users' ability
to enjoy this Site, or the proper functioning of any software, hardware
or equipment or materials used in connection with this Site;
(9) You will not use any information on this Site for any commercial
purposes, except as expressly authorized by e-Biz Technologies;
(10) You will not search, mine or link any data or information
to or through this Site without e-Biz Technologies' express consent
and authorization; and
(11) You will not send any bulk unsolicited advertising, promotional
information, email or other solicitation (including without limitation
junk mail, "spam," chain letters or pyramid schemes of
any sort) to any person through the use of this Site.
If you violate any of the guidelines set forth above or any other
aspect of these Terms of Use, we reserve the right to suspend or
terminate your rights to use this Site without giving you any notice.
PASSWORDS AND SECURITY
You may choose or be given a password to use in connection with
some of the pages on this Site. You will never give your password
to anyone, and it is your sole responsibility to maintain and keep
all user names and passwords confidential. Furthermore, you are
solely responsible for any and all activities that occur under the
account. You shall notify e-Biz Technologies immediately of any
unauthorized use of any account or any other breach of security.
e-Biz Technologies cannot and will not be liable for any loss or
damage arising from your failure to comply with these requirements.
You shall be solely responsible for all use of your account and
password and all consequential, indirect, exemplary, special or
incidental damages resulting there from.
PRIVACY POLICY STATEMENTS
Any information that we may collect from you during your use of
this Site is subject to is subject to our Privacy Policy. For the
full text of our Privacy Policy, please click here.
LINKS TO OTHER SITES
e-Biz Technologies may provide links from or to other sites maintained
by third parties. e-Biz Technologies has not reviewed or endorsed
these linked sites, and you hereby acknowledge and agree that e-Biz
Technologies shall not be responsible for the content, products
or services offered in such sites. To the extent applicable, you
are responsible for compliance with all local laws regarding material
obtained from this Site or any linked sites.
INTELLECTUAL PROPERTY
The information on this Site, including without limitation all
design, text, images, photographs, press releases, and other information,
are protected under United States and other copyright laws and are
owned by e-Biz Technologies and/or used under license from the copyright
owner. The information may not, except under written license, be
copied, reproduced, transmitted, displayed, performed, distributed,
rented, sublicensed, altered, stored for subsequent use or otherwise
used in whole or in part in any manner without e-Biz Technologies'
prior written consent, except to the extent that such use is authorized
under the United States and other relevant copyright laws. e-Biz
Technologies' trademarks, logos, images, and service marks used
on this Site are the property of e-Biz Technologies and may not
be used without the prior written consent of e-Biz Technologies
and without proper acknowledgment. All other trademarks and/or logos
are the property of their respective owners.
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION STATEMENT
e-Biz Technologies does not discriminate against or harass any
employee or applicant for employment because of race, color, creed,
religion, national origin, sex, disability, age, marital status,
sexual orientation, political affiliation, veteran, and/or status
with regard to public assistance, and e-Biz Technologies makes employment
decisions in accordance with federal, state and local laws.
NO EMPLOYMENT GUARANTEE
By permitting you to use, upload, or post information on this
Site, e-Biz Technologies makes no guarantee or promise that you
will achieve job placement, that any employment or position is available,
or that you will be placed in a job of your preference.
CLAIMED COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United
States Code, Section 501 et seq, copyright owners or their authorized
agents may submit a complaint of alleged copyright infringement
to e-Biz Technologies if they have a good-faith belief that their
protected works are being infringed. e-Biz Technologies will respond
to all such notifications that are sent to:
e-Biz Technologies, Inc.
21 Geneva Road
Norwalk, Ct 06850
Phone: (203) 852-8923
Fax: (203) 855-1171
wchironna@e-biztechnologies.com
To be effective, the notification must be a written communication
that includes:
(1) A physical or electronic signature of a person authorized
to act on behalf of the owner of a right that is allegedly infringed;
(2) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single site are
covered by a single notification, a representative list of such
works at that site;
(3) Identification of the material that is claimed to be infringing
or to be the subject of infringing activity and that is to be removed
or access to which is to be disabled, and information reasonably
sufficient to permit the service provider to locate the material;
(4) Information reasonably sufficient to permit the service provider
to contact the complaining party, such as an address, telephone
number, and, if available, an electronic mail address at which the
complaining party may be contacted;
(5) A statement that the complaining party has a good-faith belief
that use of the material in the manner complained of is not authorized
by the copyright owner, its agent, or the law; and
(6) A statement that the information in the notification is accurate,
and under penalty of perjury, that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed.
Upon receipt of such notification, e-Biz Technologies shall promptly
investigate the matter, and, if appropriate, remove or disable access
to the allegedly infringing material. After e-Biz Technologies removes
or disables access to such material, e-Biz Technologies will notify
the party that posted the material of its action. Such party may
then provide e-Biz Technologies' designated agent proper "counter-notification"
stating his, her or its authority to post the allegedly infringing
material, which e-Biz Technologies will forward to the alleged copyright
owner. e-Biz Technologies will inform the alleged copyright owner
that e-Biz Technologies will repost the removed material or cease
disabling access to it in ten to fourteen business days unless the
alleged copyright owner sends a second notification to e-Biz Technologies'
designated agent stating that it has filed suit against the alleged
infringer.
An effective counter–notification must be sent to e-Biz
Technologies' designated agent, whose names an address are listed
above. The notice must include the following information:
(1) The counter-notifying party's physical or electronic signature;
(2) Identification of the material that has been removed or disabled
and the location where the material was before its removal or disablement;
(3) A statement, under penalty of perjury, that the party has
a good faith belief that the material was removed or disabled as
a result of mistake or misidentification; and
(4) The counter-notifying party's name, address, phone number,
and a statement that the party consents to the jurisdiction of the
federal court in its district, or if the subscriber is foreign,
it consents to any jurisdiction where e-Biz Technologies is subject
to jurisdiction, and that the subscriber will accept service of
process from the person who provided e-Biz Technologies with notification
or an agent of such a person.
GOVERNING LAW
The internal laws of the State of Connecticut, without reference
to any choice of law provisions, shall govern any claims relating
to any use of, or information on this Site.
SEVERABILITY
If any term of this Agreement is declared unlawful, void or for
any reason unenforceable by any court in any jurisdiction, then
such term will be deemed severable from the remaining terms in such
jurisdiction and will not affect the validity and enforceability
of such remaining terms.
e-Biz Technologies may revise these Terms of Use at any time,
and all users will be bound by such revisions. Revisions will be
posted on this “Terms of Use” page and users are responsible
to review the page from time to time to ensure compliance.
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