Terms of Use
Please read the following Terms carefully before using any of Expert Business Development, LLC’s (collectively, “EBD”, “our” or “we”) websites, including but not limited to the www.expertbizdev.com website, as well as any online features, services and/or programs offered by EBD (collectively, the “Online Services”). To the extent that any service of EBD used by you has terms and conditions that conflict with the terms herein, the terms and conditions of such service shall take precedence with respect to such contradictory terms.
By accessing or using the Online Services, you agree to the following Terms. You should review these Terms regularly as they may change at any time at the sole discretion of EBD. If you do not agree to any portion of these Terms, you should not access or otherwise use the Online Services. “Content” refers to any text, tool, material, document, image, graphic, logo, design, audio, video and any other information provided from or on, uploaded to and/or downloaded from the Online Services.
We will make an effort to update this web page with any changes to these Terms and/or to the services described in these Terms and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appear at the end of these Terms).
1. CONVENIENCE AND INFORMATION ONLY; ACCEPTANCE OF TERMS. By merely providing access to the Online Services, EBD does not warrant or represent that: (a) the Content is accurate, complete, up-to-date or current; (b) EBD has any obligation to update any Content; (c) the Content is free from technical inaccuracies or typographical errors; (d) that the Content does not infringe on the intellectual property rights of any third party; (e) that the Content is free from changes caused by a third party; (f) your access to the Online Services will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through, or postings made on, the Online Services is accurate or complete.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of 13, as THE ONLINE SERVICES ARE NOT INTENDED FOR CHILDREN UNDER 13 THAT ARE UNACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN. CHILDREN UNDER 13 ARE NOT PERMITTED TO USE THE ONLINE SERVICES.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Online Services solely for personal or internal, business purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Online Services without the express, prior, written consent of EBD. At any time, we may, without further notice, make changes to the Online Services, to these Terms and/or to the services described in these Terms.
3. USER ACCOUNT, PASSWORD AND SECURITY.
(a) USER ACCOUNT. For certain types of features available through the Online Services, we require the use of encryption technologies provided for your protection and/or your use of a UserID and password after setting up a User Account. We use reasonable precautions to protect the privacy of your UserID, password, User Account information and payment information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your UserID, password, User Account information and transmitted information are encrypted using an SSL connection and are not expected to be read in an intelligible form as they travel to the Online Services. You, however, are ultimately responsible for protecting your UserID, password, User Account information and payment information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify EBD of any unauthorized use of your UserID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.
(b) ACCURATE INFORMATION. In creating and using your User Account on the Online Services, you agree to: (i) provide true, accurate, current and complete information about yourself and/or the business entity that you represent on any registration form required on the Online Services (such information being the “Registration Data”); and (ii) 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 if EBD has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account, and take any other action or seek any other remedy that may be legally available to us. By creating and/or using a User Account in the name of or on behalf of a business entity, you represent that you have the full right, authority and capacity to represent such entity.
4. DISCLAIMERS.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. THE ONLINE SERVICES AND THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. EBD PROVIDES THE ONLINE SERVICES ON A COMMERCIALLY REASONABLE BASIS AND EBD MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE ONLINE SERVICES, THE CONTENT OR ANY SERVICE OFFERED IN CONNECTION WITH THE ONLINE SERVICES IS OR SHALL REMAIN UNINTERRUPTED OR ERROR-FREE, THE CONTENT SHALL BE NON-INFRINGING ON ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS, THAT DEFECTS SHALL BE CORRECTED, THAT THE ONLINE SERVICES ARE OR SHALL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PERSON USING THE ONLINE SERVICES WILL BE THE PERSON THAT HE OR SHE REPRESENTS HIMSELF OR HERSELF TO BE. EBD DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE ONLINE SERVICES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT EBD SHALL HAVE ADEQUATE CAPACITY FOR THE ONLINE SERVICES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold EBD, its partners, affiliates and joint venturers, and their respective affiliates, subsidiaries, owners, directors, officers, employees and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred by EBD, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties; and/or (iv) your violation of any third party right, including without limitation any copyright, property, or privacy right.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL EBD OR its partners, affiliates OR joint venturers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE ONLINE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE ONLINE SERVICES, INCLUDING, BUT NOT LIMITED TO, (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR RESULTS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ONLINE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS, SECURE OR OTHERWISE, AND/OR ANY AND ALL PERSONAL INFORMATION, BUSINESS INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE ONLINE SERVICES, AND/OR (V) ANY SPYWARE, MALWARE, VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS THAT MAY BE TRANSMITTED TO OR THROUGH THE ONLINE SERVICES BY ANY THIRD PARTY OR FOR ANY LOSS OR DAMAGE OF ANY KIND. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS EBD’s LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
6. PRIVACY. Data that you provide regarding yourself and/or the business entity that you represent will be handled in accordance with EBD’s Privacy Policy.
7. THIRD PARTY CONTENT.
(a) EBD may provide hyperlinks to other websites maintained by third parties, or EBD may provide third party content on the Online Services by framing or other methods. THE LINKS TO THIRD PARTY WEBSITES ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE IS NOT UNDER EBD’s CONTROL AND EBD IS NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE ONLINE SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Online Services, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with EBD. In many cases, EBD is not even aware that a third party has linked to the Online Services. A website that links to the Online Services: (i) may link to, but not replicate, EBD’s Content unless authorized in writing by EBD; (ii) may not create a browser, border environment or frame EBD’s Content unless authorized in writing by EBD; (iii) may not imply that EBD is endorsing it or its products unless authorized in writing by EBD; (iv) may not misrepresent its relationship with EBD; (v) may not present false or misleading information about EBD’s products or services; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only Content that is appropriate for all age groups.
8. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Online Services are EBD’s, its subsidiaries’ or affiliates’, or third parties’ registered and unregistered trademarks. All trademarks and service marks of EBD that may be referred to on the Online Services are the property of EBD. Other parties’ trademarks and service marks that may be referred to on the Online Services are the property of their respective owners. Nothing on the Online Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of EBD’s trademarks or service marks without EBD’s prior written permission. EBD is the copyright owner or authorized licensee of all text and all graphics contained on the Online Services. EBD aggressively enforces its intellectual property rights. Neither the name of EBD nor any of EBD’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Online Services or otherwise, without EBD’s prior written permission.
If you believe that any Content on the Online Services violates any intellectual property right of yours other than a copyright right, please contact EBD at the address, email address or telephone number set forth at the bottom of these Terms.
9. SUBMISSIONS. If you send, transmit, post, e-mail or otherwise convey to EBD, whether at our request or not, any information, photos, video, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, notes, drawings, articles, stories about yourself or the business entity that you represent, feedback or reviews regarding third party service contractors or facility managers or other materials of any kind whatsoever, including, but not limited to, postings in forums, on bulletin boards or on feedback forms (collectively, the “Submissions”), those Submissions will be deemed, and will remain, the property of EBD. Subject to the EBD Privacy Policy [www.public.expertbizdev.com/privacy], none of the Submissions will be subject to any obligation of confidentiality on our part, nor will we be liable for the use or disclosure of any Submissions. Without limitation of the foregoing, you grant EBD and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform, display and sublicense any Submissions (in whole or in part and with or without the use of your name in conjunction therewith) anywhere in the world. You also grant to EBD and its successors and assigns the right to incorporate Submissions into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, “Rights”) that may exist in such Submissions. You also warrant to EBD that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that EBD and its successors and assigns will be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
10. LOCAL LAWS. EBD makes no representation that content or materials in the Online Services are appropriate or available for use in jurisdictions outside the United States. Access to the Online Services from jurisdictions where such access is illegal is prohibited. If you choose to access the Online Services from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. EBD is not responsible for any violation of law. You may not use or export the Content or materials in the Online Services in violation of U.S. export laws and regulations. You agree that the Online Services shall be deemed solely based in the Commonwealth of Pennsylvania, and the Online Services shall be deemed a passive website that does not give rise to personal jurisdiction over EBD, either specific or general, in jurisdictions other than the Commonwealth of Pennsylvania. These Terms shall be governed by and construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania, United States of America, without reference to conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction of the state and federal courts located in the Commonwealth of Pennsylvania. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which you reside (if different from the United States).
11. TERMINATION OF SERVICE. We may terminate your User Account and your right to access any or all of the Online Services at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to the Online Services, to EBD, to its partners, affiliates or joint ventures, to the business of the Online Services’ Internet service provider, or to other information providers or for any or no reason at all.
12. CUSTOMER COMMENTS. We welcome the submission of comments, information or feedback regarding the Online Services at the address, email address or telephone number set forth at the bottom of these Terms.
13. MISCELLANEOUS. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and EBD’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. If there is any conflict between these Terms and the terms of any other agreement that you may have with EBD, the terms of such other agreement shall control.
Your Consent To These Terms
By accessing and using the Online Services, you consent to and agree to be bound by the terms of the foregoing Terms. These Terms of Service and any other legal notices published by EBD on the Online Services shall constitute the entire agreement between you and EBD concerning the Online Services. If we decide to change these Terms, we will make an effort to post those changes on the web page so that you will always be able to understand the terms and conditions that apply to your use of the Online Services. Your use of the Online Services following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
If you have additional questions or comments, please send an email to info@expertbizdev.com