WEBSITE TERMS OF USE AGREEMENT
THE FOLLOWING DESCRIBES THE TERMS UNDER WHICH YOU MAY ACCESS AND USE THE EBIZ WEBSITE. BY ACCESSING THE WEBSITE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS SET OUT IN THIS AGREEMENT YOU MAY NOT ACCESS OR USE THE WEBSITE.
AMENDMENTS
The eBiz Centre Ltd. (hereinafter "eBiz") may amend this Agreement at any time by posting a new agreement in place of this one. eBiz will post notice that the Agreement has been amended on its News page located at http://www.ebizjamaica.com/news.aspx for a period of 30 days. The amended agreement shall automatically be effective when posted. Your continued use of eBiz's website following the posting of the amended agreement and notice shall mean that you accept the terms of this Agreement as amended. If you do not agree with any of the terms of the amended Agreement then you must terminate all use of eBiz's website. This Agreement may not otherwise be amended.
LICENSE
You are granted a non-exclusive and non-transferable license to use and access eBiz’s website. The website shall include the associated services and the Shopping Links page.
ACCESS
In order to access and use the eBiz website you agree to abide by the terms and conditions of this Agreement. Any other access or use shall constitute a trespass on eBiz's computer systems, shall constitute an infringement of eBiz's intellectual property and an unlawful use of eBiz's assets.
USER CONDUCT
eBiz is very concerned about the privacy and safety of all users, especially children.
You shall not:
- submit any information or link to any content, information, ware or service which is obscene or contains pornography of any kind;
- use eBiz's website to commit any dishonest act, act of fraud or any act which infringes any third party rights;
- submit any information or link to any material which infringes or potentially infringes any third party intellectual property or proprietary rights including without limitation, copyright, patent, trademark, trade secret, right of publicity or privacy;
- submit any information or link to any material which is defamatory, libellous, harassing or threatening of or to any person or organization;
- submit any information or link to any material which is harmful or potentially harmful including, without limitation, that which places any person's health or safety at risk, places the integrity or security of any computer system at risk or distribute any virus, Trojan horse, worm, time bomb or other harmful or invasive computer program;
- submit any information or link to any material which in any way violates any federal, state or provincial law, statute, ordinance or regulation in any jurisdiction including without limitation those relating to export control, consumer protection, unfair competition, discrimination, false advertising or copyright;
- undertake any activity which creates liability or damage or potentially creates liability or damage to eBiz or its computer systems or its service providers.
You agree not to use any spider, robot or other automatic means to search or monitor the content of eBiz's website. You agree that you shall not use any automatic means, including software, to interfere with or attempt to interfere with eBiz's software or website or their use by any other user. You agree not to cause any unreasonable burden or load on eBiz's software or its computer systems.
SERVICES
You agree that eBiz will not be liable for any delay or unavailability of the eBiz website or related services, whether due to an act or omission of eBiz or an act or omission of any third party.
USER SUBMISSIONS
eBiz may make available to you the ability to submit information to the website. You agree that all of your submissions will be in compliance with this Agreement.
eBiz's posting of any information or link does not mean that eBiz agrees that the information or link complies with this Agreement or that eBiz agrees with the content of the information or link.
While eBiz may review each submission, it does not thoroughly review the information or the third party website that a link may resolve to. Further, the information may become incorrect or the third party website may change from time to time. Notwithstanding eBiz's review, you agree to indemnify eBiz and other users for any loss or damage that eBiz or any user may suffer as a result of the posting of any information that you submit.
CONTENT
Some information or links posted to eBiz's website may be offensive to you or incorrect or misleading.
Some portions of the Website allow users to post information. However, even if eBiz reviews and posts a submission to its website it does not mean eBiz endorses the same. All such postings remain the sole responsibility of the person who submitted such information. You agree to assume all risks in regards to the condition, suitability, safety, accuracy, quality, integrity, and legality of any information submitted and in respect any information, product or services offered or made available through any link which has been posted. Under no circumstances will eBiz be liable in any manner for the same.
eBiz may change, add to or delete from its website at any time without notice. You agree to bear all risks, costs and damages that you may incur as a result of those changes.
INTELLECTUAL PROPERTY
eBiz has certain protectable proprietary rights in its software and website, including copyrights and trademarks. You may not modify, copy, publish, republish, transmit, sell, create derivative works, display or in any way exploit any content contained on the eBiz website other than for personal use.
WARRANTY DISCLAIMER
THE EBIZ WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE" AND ARE USED BY YOU AT YOUR SOLE RISK. EBIZ MAKES NO EXPRESS OR IMPLIED WARRANTIES, CONDITIONS OR REPRESENTATIONS WHATSOEVER, AND SPECIFICALLY DISCLAIMS THE SAME INCLUDING WITHOUT LIMITATION, ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE INCLUDING THOSE IMPLIED BY STATUTE. THE EBIZ WEBSITE MAY CONTAIN BUGS, ERRORS, PROBLEMS, VIRUSES OR OTHER LIMITATIONS. EBIZ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY SUCH BUGS, ERRORS, PROBLEMS OR VIRUSES OR OTHER LIMITATIONS.
LIMITED LIABILITY
IN NO EVENT SHALL EBIZ BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE EBIZ WEBSITE HOWEVER ARISING, INCLUDING THROUGH NEGLIGENCE, EVEN IF EBIZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL OTHER CIRCUMSTANCES EBIZ'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, HOWEVER ARISING, SHALL BE LIMITED TO $100.00 (JMD).
INDEMNITY
You agree to hold eBiz, its employees, officers, directors, agents and other partners from any and all claims or demands, including reasonable attorney fees, made by anyone due to or arising from any information submitted, posted, transmitted or otherwise made available through our website, your use of our website, or your violation of these terms of use.
NO AGENCY
The parties are independent entities and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended nor created by this Agreement and neither party shall state or imply anything to the contrary. The links posted to the Shopping Links page are not affiliated with eBiz, whether by partnership or otherwise.
NO WAIVER
eBiz's failure to insist upon or enforce strict compliance with any provision of this Agreement shall not be construed as a waiver of any provision or right of the same or different type in the future.
ENTIRE AGREEMENT
The terms and conditions set out in this Agreement constitute the entire terms and conditions with respect to the use of eBiz's software, website, the Shopping Links page and the relationship between the parties. No representative of eBiz is authorized to amend the terms of this Agreement. Amendments shall only be effective as provided in this Agreement.
TERMINATION
Notwithstanding the termination of this Agreement for any reason, the provisions of this Agreement relating to intellectual property, warranty disclaimer, limited liability, indemnity and governing law shall survive such termination.
GOVERNING LAW
This Agreement, the relationship between you and eBiz and your use of eBiz’s website, the Shopping Links page and the resolution of any dispute arising between the parties shall be governed and construed in accordance with the laws of the country of Jamaica, without reference to their conflicts of laws. You agree that any legal action or proceeding between you and eBiz which in any way concerns this Agreement or the use of eBiz’s website shall be brought exclusively in the courts of Jamaica. Notwithstanding the foregoing, either party may apply to any court of competent jurisdictions to obtain injunctive relief. eBiz is headquartered in Jamaica.
SEVERABILITY
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed from this Agreement and the remaining provisions shall remain in full force and effect.
HEADINGS
Headings are for reference purposes only and shall not be used in the interpretation of this Agreement.
