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Usage Agreement, Acceptable Use Policy

Usage Agreement (Terms of Use)

THIS IS A LEGAL AGREEMENT. BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN, YOU ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

GENERAL TERMS AND CONDITIONS

1. Parties. The parties to this Agreement are you, a visitor to this web site ("You"), and the owner and operator of this web site: COMPBIZ, INC., a Florida corporation ("CompBiz"). All references to "us", "this web site" or "this site" shall be construed to mean CompBiz. If the user is not an individual, then "You" means Your company, its officers, members, agents, successors and assigns.

2. Assent To Terms of Use And Amendment. CompBiz grants a non-exclusive, non-transferable, and revocable license to You and provides the services available at this site to You subject to the following terms and conditions. THESE TERMS AND CONDITIONS MAY BE AMENDED BY US FROM TIME TO TIME WITHOUT NOTICE TO YOU. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE TERMS AND CONDITIONS AT ANY TIME AT THIS SITE. IN ADDITION, WHEN USING PARTICULAR SERVICES IN THIS SITE, GUIDELINES OR RULES MAY BE POSTED WHICH ARE APPLICABLE TO YOUR USE OF THOSE SERVICES. YOUR USE OF THIS SITE AND YOUR RELATIONSHIP WITH COMPBIZ ARE SUBJECT TO ALL GUIDELINES OR RULES THAT MAY BE POSTED FROM TIME TO TIME ON THE SITE, WHICH ARE ALL INCORPORATED BY REFERENCE INTO THIS AGREEMENT. BY USING THIS SITE, YOU ARE AGREEING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE MOST CURRENT VERSION OF THE TERMS OF USE AGREEMENT AND ANY GUIDELINES AND RULES POSTED ON THIS SITE. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THIS SITE.

3. Entire Agreement. This Terms of Use Agreement will be expressly incorporated by reference in each and every agreement between You and CompBiz, and except for any separate license agreement for software and/or content, this terms of use agreement supersedes any and all prior and existing agreements, whether oral or in writing, between You and CompBiz with respect to the subjects addressed herein and constitutes the entire agreement between the parties with respect to those subjects. Except for any separate license agreement for software and/or content, You acknowledge that neither CompBiz nor anyone on CompBiz's behalf has made any representations, inducements, promises or agreements, orally or otherwise, to You relating to the subjects addressed by this terms of use agreement that are not embodied herein.

4. Prohibited Conduct. You agree (i) not to use this site to upload or distribute in any way files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; (ii) not to interfere or disrupt this site or any networks connected to this site; (iii) not to use any device, software or routine or attempt to interfere with the proper functioning of this site or any transactions being offered at this site; (iv) not to take any action that imposes an unreasonable or disproportionately large load on CompBiz's infrastructure; (v) not to use this site to collect or harvest personal information, including, without limitation, financial information, about other participants at this site; and (vi) not to impersonate any person or entity or falsely state or otherwise misrepresent Your affiliation with a person or entity. You agree not to use the services, products, or downloads available at this site for illegal purposes, and to comply with all regulations, policies and procedures of networks connected to this site.

5. Compliance with Laws. You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to any service, product, or download associated with this site.

6. Separate License Agreement(s). You may acquire software and/or content from CompBiz by download from this site, or otherwise directly from CompBiz. You agree that your use of such software and/or content shall be strictly in accordance with the applicable license agreement(s).

7. Registration Data And Privacy. Registration may be required for you to download from this site, or for your participation in certain services offered at this site. You must provide certain current, complete, and accurate information about You as prompted to do so by the registration form ("Registration Data"), and maintain and update such registration information as required to keep such information current, complete and accurate. You warrant that your Registration Data is accurate and current, and that You are authorized to provide such Registration Data. You authorize us to verify your Registration Data at any time. If any Registration Data that You provide is untrue, inaccurate, not current or incomplete, CompBiz retains the right, in its sole discretion, to suspend or terminate rights to use the services. Registration Data and certain other information about You is subject to our Privacy Policy which may be accessed from this sites Privacy Policy page or by clicking the Privacy Policy link in the footer on the home page. Solely to enable CompBiz to use information You supply us internally, so that we are not violating any rights You might have in that information, You grant to CompBiz a nonexclusive license to (i) convert such information into digital format such that it can be read, utilized and displayed by CompBiz's computers or any other technology currently in existence or hereafter developed capable of utilizing digital information, and (ii) combine the information with other content provided by CompBiz, in each case by any method or means or in any medium whether now known or hereafter devised.

8. Registration By Children Under The Age of 13 Is Not Permitted. REGISTRATION IS NOT AVAILABLE TO CHILDREN UNDER THE AGE OF 13. IF A USER UNDER THE AGE OF 13 ATTEMPTS TO REGISTER WITH THIS SITE, WE SHALL NOTIFY THE USER THAT HE OR SHE IS NOT ELIGIBLE, AND WE SHALL NOT COLLECT OR USE ANY PERSONAL INFORMATION FROM SUCH CHILD.

9. Posting of Digital Files And/Or Communications. If this web site should at any time provide any service which enables visitors post digital files and/or to communicate with or otherwise share information with other visitors or persons providing any kind or service to visitors, You agree not to submit, publish, display, disseminate, or otherwise communicate any defamatory, inaccurate, abusive, threatening, offensive, or illegal material while connected to or otherwise directly or indirectly using this web site or other services provided to You by the web site. Transmission of such material or any material that violates any federal, state, or local law in the United States or anywhere else in the world, is strictly prohibited and shall constitute a material breach of this Agreement entitling this web site to immediately terminate all rights to access to this web site. You are solely responsible for all information which You submit, publish, display, disseminate or otherwise communicate through this web site even if a claim should arise after termination of service. If this web site provides any such service described herein, You agree that all messages and other communications by You shall be deemed to be readily accessible to all other visitors/subscribers who are authorized to access this web site and You agree that all such messages and other communications shall not be deemed to be private or secure. Regardless of whether this web site provides any type of service described herein, You agree that You have hereby been informed and noticed that any and all messages and other communications which You submit to this web site directly or through this web site can be read by the operators and/or other agents of this web site, whether or not they are the intended recipient(s). You agree to be personally liable and fully defend and indemnify this web site for any and all damages directly, indirectly and/or consequentially resulting from your attempted or actual sharing of information or communicating with others through this web site alone, or with or under the authority of, any other person(s), including, without limitation, any governmental agency(ies), wherein such damages include, without limitation, all direct and consequential damages directly or indirectly resulting from sharing of information or communicating with others through this web site including, but not limited to, damages resulting from loss of revenue, loss of property, fines, attorney's fees and costs, including, without limitation, damages resulting from prosecution and/or governmentally imposed seizure(s), forfeiture(s), and/or injunction(s).

10. Copyrights. The copyright in all material provided on this site is owned by CompBiz or by CompBiz's licensor(s). You acknowledge and agree that this site contains proprietary information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to You through this site, including text, graphics, logos, icons, images and software, and the arrangement and compilation of such content, are the property of CompBiz or its content suppliers and is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. CompBiz does not grant any license or authorization to any user of its copyrightable material or other intellectual property, by placing them on this site. Furthermore, except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of CompBiz or the copyright owner. However, You may print a copy of the information on this site for Your personal, non-commercial internal use or records. In so doing, You may not modify the materials and You agree to retain all copyright and other proprietary notices contained in the materials. This permission does not give You any ownership rights in the information and terminates automatically if You breach any of these terms or conditions. If You make any other use of this site, except as otherwise provided herein, You may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties.

11. Copyright Infringement; The Digital Millennium Copyright Act. CompBiz maintains specific contact information including an e-mail address for notifications of claimed infringement concerning materials. All correspondence should be addressed to CompBiz's agent for notice of claimed infringement under The Digital Millennium Copyright Act, U.S.C.A. Section 512, at the following address:

Notification of Claimed Infringement

CompBiz, Inc.
108 Chapman Ave.
Sanford, FL, 32771
Contact Us
Telephone: 407-322-8654
Facsimile: 877-611-4626

You may contact CompBiz with complaints regarding allegedly infringing posted material and CompBiz will investigate those complaints. If the posted material is believed in good faith by CompBiz to violate any applicable law, CompBiz will remove or disable access to any such material and CompBiz will notify the posting party that the material has been blocked or removed.

12. Trademarks. The trademarks, service marks, and logos (the "Trademarks") used and displayed on this site are registered and unregistered Trademarks of CompBiz and others. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the site, without the written permission of the Trademark owner. CompBiz aggressively enforces its intellectual property rights to the fullest extent of the law. The Trademark(s) CompBiz EZWeb® may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this site, without prior, written permission. CompBiz prohibits use of any of the forgoing names or marks as a metatag or as a "hot" link to any CompBiz site unless establishment of such a link is approved in advance by CompBiz in writing. If You have any questions regarding any trademarks on the site, please contact CompBiz.

13. Links. This site may provide links to other Internet sites. CompBiz is not responsible for the availability of such other sites and does not endorse and is not responsible or liable for any content, products or other materials available on such other sites. Links to external web sites do not constitute an endorsement by CompBiz of those sites or the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Further, CompBiz reserves the right to terminate any link or linking program at any time. CompBiz does not permit hotlinking to its Web site files or images. CompBiz does not author, edit, or monitor these unofficial pages or links. You further acknowledge and agree that CompBiz 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 information, goods or services available on or through any such site. If You decide to access any of the third party sites linked to this site, You do this entirely at Your own risk.

14. Participation In Promotions Of Advertisers. You may enter into correspondence with or participate in promotions of advertisers promoting their products or services on this site ("Advertisers"). You acknowledge and agree that any such correspondence or participation, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between You and Advertiser. CompBiz, Inc. shall have no liability, obligation or responsibility whatsoever arising out of or in connection with any such correspondence or participation or transactions.

15. Monitoring. You acknowledge that CompBiz or its designees reserves the right to, and may from time to time, monitor any and all activity or information transmitted or received through this site. CompBiz, in its sole discretion and without further notice to You, may (but is not obligated to) review, censor or prohibit any activity or the transmission or receipt of any Information which CompBiz deems inappropriate (such as that specified in above) or that violates any term or condition of this agreement. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of this site, authorized or unauthorized, constitutes consent to such monitoring. Unauthorized uses and unauthorized users of this site will be prosecuted to the full extent of the law.

16. NO WARRANTIES. THIS SITE AND ALL INFORMATION CONTAINED ON THIS SITE, AND EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN A LICENSE AGREEMENT FOR SOFTWARE OR CONTENT, ALL GOODS AND SERVICES OBTAINED THROUGH THIS SITE, ARE PROVIDED ON AN "AS IS" BASIS FROM COMPBIZ AND ITS INFORMATION PROVIDERS, COMPBIZ AND ITS AFFILIATES AND CONTENT PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, RELATING TO THIS AGREEMENT, THE PERFORMANCE UNDER THIS AGREEMENT, THE SERVICES AVAILABLE ON THIS SITE, THE OPERATION OF THE SOFTWARE AVAILABLE ON THIS SITE, THE TRANSACTIONS PERFORMED ON THIS SITE, OR THE INFORMATION, CONTENT, MATERIALS AND/OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, EACH OF COMPBIZ AND COMPBIZ'S AFFILIATES AND CONTENT PROVIDERS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGMENT. WITHOUT LIMITING THE FOREGOING, NONE OF COMPBIZ NOR COMPBIZ'S AFFILIATES OR CONTENT PROVIDERS MAKES ANY WARRANTY THAT (i) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL MEET YOUR REQUIREMENTS, (ii) THE GOODS OR SERVICES OFFERED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE GOODS OR SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE CONTENT OR INFORMATION AVAILABLE ON THIS SITE IS COMPLETE, ACCURATE OR AVAILABLE, OR (v) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPBIZ OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

17. LIMITED LIABILITY. COMPBIZ AND ALL OF COMPBIZ's AFFILIATES AND CONTENT PROVIDERS AND THEIR RESPECTIVE SHAREHOLDERS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR OTHER INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU. 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 GOODS OR SERVICES PROVIDED ON THIS SITE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. YOU FURTHER AGREE IF YOU BECOME ENTITLED TO ANY RECOVERY, THAT YOUR RECOVERY SHALL BE LIMITED TO THE AMOUNT OF FEES OR PAYMENTS MADE TO COMPBIZ, IF ANY, FOR THE SERVICE, SOFTWARE OR CONTENT AT ISSUE.

18. Indemnity. You shall indemnify, defend, and hold harmless CompBiz and its content providers and their respective shareholders, affiliates, employees, agents, successors, officers, and assigns, from any suits, losses, claims, demands, liabilities, costs and expenses (including attorney and accounting fees) that they may sustain or incur arising from (i) Your use of the software available at or downloaded from this site, (ii) Your failure to comply with any applicable laws and regulations (including without limitation those regarding the export of products or technology abroad) or to obtain any licenses or approvals from the appropriate government agencies necessary to purchase or sell the subject goods and services, (iii) Your use of the content available on this site in any way contrary to this agreement (d) Your breach of any of Your representations, warranties or obligations set forth in this agreement, (iv) the sale, purchase, transportation, delivery, use or disposal of any CompBiz service, product, or download associated with this site or available through other sites, or any loss suffered by or harm to any person or property in any way relating to of caused in whole or in part by Your use of this site or any service, product, or download associated with this site (including, without limitation, any personal injuries or death of any third person caused in whole or in part by such products or services, the use, transportation, delivery, storage, handling or release thereof), and (v) any taxes attributable to the relating to any service, product, or download associated with this site.

19. Beneficiaries of this Agreement; No Other Agreements. The rights and limitations in this agreement are for the benefit of CompBiz and each of CompBiz's content providers, each of which shall have the right to enforce its rights hereunder directly and on its own behalf.

20. Termination. You agree that CompBiz may, at its sole discretion, deny You access to the site and disable any user name and password associated with You for any reason, including, without limitation, if CompBiz believes that You have violated or acted inconsistently with the letter or spirit of this agreement. CompBiz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the services offered under this site (or any part thereof) with or without notice. You agree that CompBiz shall not be liable to You or to any third party for any modification, suspension or discontinuance of the services offered under this site.

21. Consumer Rights. CompBiz maintains specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies. All correspondence should be addressed to CompBiz's agent for notice at the following address:

Notification of Consumer Rights Complaint or Pricing Inquiry

CompBiz, Inc.
108 Chapman Ave.
Sanford, FL, 32771
Contact Us
Telephone: 407-322-8654
Facsimile: 877-611-4626

You may contact CompBiz with complaints and inquiries regarding pricing and CompBiz will investigate those matters and respond to the inquiries.

22. Controlling Law. This Agreement shall be construed under the laws of the State of Florida, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.

23. Jurisdiction And Venue. You and CompBiz agree to submit to the exclusive personal jurisdiction of the courts of Seminole or Orange County in the State of Florida, USA in all legal proceedings arising under this Agreement.

TERMS AND CONDITIONS REGARDING THE EXCHANGE

24. Overview. This site includes an on-line exchange (the "Exchange") created for the purpose of allowing buyers and sellers to enter into transactions on-line through the use of our market-making system. This Exchange acts as a venue for sellers to list products or services for sale, and buyers to purchase such items. CompBiz is not involved in the actual transaction between the buyers and sellers. As a result, CompBiz has no control over the quality, compatibility, safety, or legality of the items advertised, the truthfulness, completeness or accuracy of the listings, the ability of the sellers to sell the items or the terms and conditions of any transaction between a buyer and seller. We cannot ensure that a buyer and seller will complete a transaction. Because CompBiz does not review the substance of the postings on the site, You must be careful in dealing with other participants on the site to avoid fraud and to recognize the possibility that other participants' information may be harmful, inaccurate or deceptive.

25. Eligibility. This site is intended for the use by persons and entities who can form legally binding contracts under applicable law, provided that only a person or entity authorized to buy or sell the products listed shall be permitted to enter into transactions. Without limiting the foregoing, our services are not available to minors. If You do not qualify, please do not use our site. It is possible that any required authorization (either by the seller of the products or services, or by a third party involved in the regulation of such sales) will be included with the description on the products or services for sale. You represent that You will not enter into transactions on this site that You are not authorized to participate in. You represent and warrant that You are a participant in the market for the products or services being sold, that You have the legal capacity and the ability to purchase, sell, transfer or accept the transfer of the products and services being sold and that You will enter into all transactions through this site with the intention and expectation of transferring or accepting the transfer of such products or services. You agree that You will not make offers for products or services for sale through the Exchange unless You have the bona fide intention and ability to deliver or accept delivery of such products or services on the terms stated. We may refuse our services (such as but not limited to listings, chat and bidding) to anyone at any time, in our sole discretion.

26. Listings. If You desire to participate in the Exchange, please contact us in order to make further arrangements regarding the terms of Your participation:

CompBiz, Inc.
108 Chapman Ave.
Sanford, FL, 32771
Contact Us
Telephone: 407-322-8654
Facsimile: 877-611-4626

27. Suppliers and Buyers. We are marketing the Exchange directly to other sellers of products and services. All sellers of products and services, whether they have an agreement with us directly, or indirectly access the Exchange through an affiliated exchange, are herein referred to as "Suppliers." All buyers of products and services, whether they have an agreement with us directly, or indirectly access the Exchange through an affiliated exchange, are herein referred to as "Buyers." Buyers will be able to view the listings of Suppliers on the Exchange, and may, in accordance with the sale process applicable to that transaction, enter into a transaction with a Supplier. We will have no obligation for and we undertake no obligation to verify the credit or other information with respect to any Buyer or Supplier and we make no representation or warranty to You with respect to any Buyer or Supplier. You are responsible for verifying the identity of Buyers or Suppliers and for Your decision to enter into a transaction with a Buyer or Supplier.

28. Qualification. Certain items to be offered for sale on this site will require that You must first be qualified by the Buyer or Supplier of such item in order to view the item for sale and/or to submit a bid or offer for such item, or that You will have submitted an application in order to participate in the sale of such item. You agree that Your obligations under any such application shall be in addition to the obligations under this agreement.

29. Sale Process. The Exchange may allow You to transact with a Buyer or Supplier using any of the following methods:

 

29.1 Catalog. This method involves access to listings of products and services available at a fixed price from Suppliers. If a Buyer indicates its interest in purchasing a product or service listed for sale by a Supplier, the Exchange will automatically notify the applicable Supplier via email that it has received an electronic purchase order which the Supplier may access using the software interface to the Exchange. If the Supplier agrees to such sale, then it shall electronically accept the purchase order on the software interface to the Exchange. The Exchange will then automatically notify the Buyer via email that its purchase order has been accepted. A Buyer may use the software interface to the Exchange to view the status of delivery of the product or service, including date of shipment that has been entered by the Supplier. It is acknowledged that a Buyer may have reached agreement with certain Suppliers regarding special pricing or discounts to be applicable to such Suppliers which may or may not be visible on the Exchange. Such arrangements shall be between the Buyer and the Supplier, and shall not be the responsibility of CompBiz.

29.2 Request for Quotation. The Exchange may also allow Buyers to prepare requests for quotations to be distributed to Suppliers, who may respond to such requests with a price quotation. In the event that a Buyer desires to purchase the item for the price quoted by Supplier, then the remainder of the sale process shall be completed in accordance with the "Catalog" procedure described above.

29.3 Auction. Suppliers may list a product or service for sale by auction, including the terms under which it is offered. If a Buyer submits a bid to purchase a product or service offered at auction by a Supplier, the Exchange will automatically post such bid on the Exchange in accordance with the procedures governing the auction, and the Buyer agrees that such bid will remain contractually binding on it for the duration of the bidding period specified for such product or service or until the date the bid is declined by the Supplier, whichever is earlier. If the Supplier receives at least one bid from a Buyer at or above its stated minimum price, and the bid otherwise conforms to the rules governing the auction, the Supplier and the winning Buyer are obligated to complete the transaction upon the auction's completion.

29.4 Reverse Auction. A Buyer may indicate its interest in acquiring a certain product or service from any Supplier using a reverse-auction method, in which case the Buyer shall provide CompBiz the information for input into the Exchange, including the terms under which it desires to purchase such product or service. During the term of the reverse-auction, each Supplier may input into the Exchange a bid to sell such product or service, and the Exchange will automatically and electronically post each bid in accordance with the procedures governing the auction. If a Seller's bid is accepted by a Buyer, then the Buyer is obligated to complete the transaction with the Seller on the stated terms upon the auction's completion.

30. Non-contravention. You agree that You shall not complete a transaction outside of the Exchange that was first initiated on the Exchange, and that You shall complete all transactions on the Exchange in accordance with the sale process described in this agreement and on this site.

31. Terms of Sale. Upon completion of the sale process described above, then CompBiz may send information regarding the name, address, and other contact information for each party to the other party so as to enable the parties to complete the transaction. You are solely responsible for making arrangements with the counterparty to a transaction regarding any terms of sale that are not expressly set forth in this agreement or on the Exchange. Without limiting the foregoing, You and the applicable Supplier or Buyer shall be responsible for setting the terms of payment, shipment, warranty (if any), and other terms governing the sale and purchase of products and services under the Exchange. It is contemplated that You may enter into a separate contract with a Supplier or Buyer setting forth more particular terms regarding the transaction. CompBiz shall have no responsibility with respect to any such arrangements between You and a Supplier or Buyer. You agree that You shall complete transactions initiated on the Exchange on the terms agreed with each Supplier or Buyer.

32. Transaction Completion. Buyers shall be responsible for paying amounts due and for accepting delivery of all products and services sold through the Exchange, and Sellers shall be responsible to invoicing and collecting amounts due and for delivering all products and services sold through the Exchange. The Exchange acts as a venue for Suppliers to list items for sale, and Buyers to commit to purchase such items. CompBiz is not a party to the actual transaction between the Suppliers and Buyers. As a result, CompBiz has no control or responsibility for the ability of Suppliers to sell, or Buyers to buy, products and services listed on the Exchange. CompBiz cannot ensure that a Supplier and Buyer will complete a transaction. CompBiz does not take title (even temporarily) to any item purchased, traded or sold using the Exchange, and CompBiz is not assuming responsibility for, or otherwise guaranteeing any transaction entered into between a Supplier and Buyer. CompBiz shall not be responsible for any breach by a Supplier or Buyer of the terms of any transaction or associated transaction-related-activities. You agree to proceed solely against the applicable counterparty to collect or recover any amounts owing to You or to enforce any of Your rights in connection with or as a result of transactions entered on the Exchange, and You hereby irrevocably and unconditionally release CompBiz from any and all such actions.

33. Compliance with Laws; Payment of Taxes. You shall comply with all applicable laws and regulations of the United States and foreign authorities (including, but not limited to United States trade restriction laws, export laws or license requirements and laws regarding the sale or transport of hazardous materials, and laws regarding the transmission of technical data, including without limitation encryption, exported from the United States through the services available at this site) relating to the purchase of any products or services on the Exchange or otherwise relating to Your use of this site. The Buyer or the Supplier (as agreed upon by the parties to a transaction) is responsible for collecting and paying all applicable taxes incurred in respect of products or services sold or purchased on the Exchange, and You specifically acknowledge that CompBiz shall not be responsible for collecting or remitting any taxes except upon its own income.

34. Impermissible Trading Practices. You agree not to manipulate the price of any item offered for sale on the Exchange, either by using a secondary identity or by self-bidding. You understand that the Exchange is not to be used for the trading, sale, purchase, disposition or promotion of securities (as defined in Section 2(1) of the Securities Act of 1933 as amended), or futures ("contracts for sale of a commodity for future delivery" as regulated by the Commodity Futures Trading Commission under the Commodity Exchange Act), and You agree not to participate in any securities or futures transactions using the Exchange. Any securities or futures transactions conducted using the Exchange will be void, invalid, and neither party to the transaction will be obligated to consummate the transaction.

BY ACCESSING THIS WEB SITE OR USING ANY SERVICE PROVIDED HEREIN YOU AFFIRM THAT YOU HAVE READ THIS ENTIRE AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT, PLEASE EXIT THIS SITE.

Last Update: August 2, 2001.

CompBiz EZWeb® ACCEPTABLE USE POLICY

The Service Agent reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws, the terms and conditions of this Agreement the terms and conditions of the CompBiz EZWeb® HOSTING AGREEMENT, or the Acceptable Use Policy. The Acceptable Use Policy below describes certain actions relating to the content and operation of your web site, which the Service Agent considers to be inappropriate and thus prohibited. The examples named in this list are in addition to the content identified in the Agreement and are provided solely for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact the Service Agent.

Actions in which the Service Agent considers inappropriate include, but are not limited to,

 

(A) using the Service to sell any products or services that are unlawful in the location at which the content is posted or received;

(B) using the Service to post any content of the nature set forth in 47 U.S.C. §230(c)(2)(A) (i.e., material that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, filthy, excessively violent, harassing or otherwise objectionable);

(C) using the Service to post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence;

(D) using the Service to post any content that holds the Service Agent (including its affiliates), employees or shareholders up to public scorn or ridicule;

(E) using the Service to post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others;

(F) failing to obtain all required permissions when using the Service to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws;

(G) deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner;

(H) using the Service in a torturous manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or

(I) introducing viruses, worms, Trojan horses, or other harmful code on the Internet.

Unless otherwise agreed upon in writing signed and dated by an authorized representative of the Service Agent, this agreement is subject to change. It is the responsibility of the user to be aware of the current state of this agreement and remain in compliance with the terms thereof.

Last Update: January 9, 2013.