We invite our members to enjoy the many benefits of BizInncer Circle. Members abide by certain rules so that no one's rights are violated. Failure to abide by these rules can result in immediate termination of access to bizinnercircle.biz, without refund or recourse.
Terms of Use
These Terms of Use (these "Terms") constitute a legally binding agreement between you and BIZ InnerCircle / Bankers InnerCircle ("BIC," "We," or "Us"), the operator of www.bizinnercircle.biz (the "Membership"). These Terms govern your access to and use of the Membership and all content available on the Membership, including but not limited to electronic email newsletters, services, images, and updates (collectively, "Content"). Your access to and use of the Membership and Content is subject to the Terms set forth herein.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING THE SITE. BY USING AND VIEWING THE SITE AND ITS CONTENT, YOU ACKNOWLEDGE THAT YOU HAVE AGREED TO BECOME A PARTY TO, AND TO BE LEGALLY BOUND BY, THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, YOU MAY NOT ACCESS OR USE THE SITE AND ITS CONTENT. BIC, FROM TIME TO TIME, MAY MAKE CHANGES OR ADDITIONS TO THESE TERMS, AND YOUR CONTINUED USE OF THE SITE AND ITS CONTENT AFTER BIC MAKES SUCH CHANGES OR ADDITIONS WILL SIGNIFY THAT YOU AGREE TO SUCH CHANGES OR ADDITIONS. YOU SHOULD THEREFORE PERIODICALLY VISIT THIS PAGE OF THE SITE TO REVIEW THE CURRENT TERMS.
Registration Information. You represent that you are at least 18 years of age. You agree to provide BIC with accurate and complete credit card and registration information and to promptly update such information with any and all changes that may occur from time to time. Failure to do so shall constitute a breach of these Terms and may result in termination of your account and subject you to civil and possibly criminal liability.
Authorized Users. Upon registering for the Membership, you will select your own password and a username to access the Membership, which you are to keep private and not share with any other person. The system will automatically suspend any account where more than one person signs on using the same username and password. You are responsible for all activities conducted using your password and username. You are responsible for all messages posted to the discussion boards using your screen name.
Permitted Uses. You may print a copy of the Content displayed on the Membership for non-commercial, personal use only. You may not, however, distribute, modify, transmit, reuse, re-post, or use the Content of the Membership for public or commercial purposes, including the text, images, audio, and video, without BIC's prior written permission.
Prohibitions; Use. You may use the Membership and it's Content for lawful purposes only. By accepting these Terms, you agree that you will not:
(a) republish, distribute, publicly display, or create derivative works of the Membership and its Content except as expressly permitted by Us in writing;
(b) take any action which would impede or interfere with the operation of the Membership, or alter or interfere with the Membership and its Content; or
(c) attempt to gain unauthorized access to the Membership, any user computer systems or networks through the Membership by hacking or any other means.
Fees and Billing. Fees and billing methods are disclosed on the Membership. BIC reserves the right to change its fees and billing methods at any time. If any such change is not acceptable to you, you may terminate your membership by visiting the "Your Account" area of the Membership. Your continued use of the Membership shall be deemed acceptance of such change. You are responsible for all charges incurred in connection with your password and username. BIC shall have the right to terminate your account if any Membership fees becomes more than thirty (30) days past due.
Proprietary Rights. All title and intellectual property rights in and to the Membership, in whole and in part, all Content and other materials accompanying the Membership, are and shall remain the sole and exclusive property of BIC. All title and intellectual property rights in and to any text, photographs or other data not owned by BIC are the property of the respective content owner, and may be protected by applicable copyright or other intellectual property laws and treaties. These Terms do not grant you any rights to use such third party content. All rights not expressly granted herein are reserved by BIC. BIC neither represents not warrants that your use of materials displayed at the Membership will not infringe rights of third parties not owned by, or affiliated with, BIC.
Third-party Content. You acknowledge that the Membership contains Content that may be licensed to BIC by independent content providers or posted by other users of the Membership. BIC disclaims any and all liability for the content of this information including, but not limited to, its accuracy, completeness, correctness, correctness, or usefulness.
Membership Security. While BIC uses reasonable efforts to safeguard the security of the Membership, there is no guaranty that such safeguards will successfully prevent unauthorized alternations in the content or functionality of the Membership. BIC disclaims any and all liability for any unauthorized alterations in the content or functionality of the Membership.
No Advice. Under no circumstances should any material at the Membership be used or considered as an offer to sell, a solicitation, or an offer to buy. The information provided on the Membership is provided for educational purposes only and should not be used or construed as advice regarding the quality of suitability of any particular product. The use of the Membership and reliance on any of its Content is voluntary, self-directed, and solely at your own risk.
No Representation of Performance. No representation is made that you will achieve any certain performance results through use of the Membership.
Disclaimer of Warranties; Limitation of Liability. BIC MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE OR THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE ACCURACY, QUALITY, RELIABILITY, OR COMPLETENESS OF THE SITE OR ANY CONTENT. BIC SHALL NOT BE LIABLE FOR ANY ERRORS OR OMISSIONS IN THE SITE OR THE CONTENT. BIC MAKES NO WARRANTY THAT THE SITE IS VIRUS OR ERROR FREE, OR THAT THE SITE DOES NOT VIOLATE ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. THE SITE AND CONTENT ARE PROVIDED AS IS, AS AVAILABLE, AND WITH ALL FAULTS AND WITHOUT ANY WARRANTY OF ANY KIND. BIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OR ARISING BY COURSE OF PERFORMANCE OR USAGE, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES RELATED TO NON-INFRINGEMENT, MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INTERFERENCE. The applicable policies, procedures, description of services and programs and other Content are announcements only and in no way serve as a contract between you and BIC.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BIC'S, OR ITS OFFICERS', DIRECTORS', EMPLOYEES', AFFILIATES', SUCCESSORS' AND ASSIGNS', TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.
Indemnification. Upon request of BIC, you agree to defend, indemnify, and hold harmless BIC and its affiliates and their respective directors, officers, and managers, from any and all liabilities, claims, and expenses, including attorneys' fees, arising from your breach of these Terms. BIC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter.
Content Provided by You. Any communication or material you transmit to the Membership by e-mail or otherwise, including any data, questions, comments, suggestions, messages posted to our discussion boards, site use data and information, or the like, is and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by BIC or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, BIC is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Membership for any purpose whatsoever.
Trademarks. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Membership, are registered and unregistered Trademarks of BIC and its licensors. Nothing contained on the Membership should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Membership without the written permission of BIC or such third party that may own the Trademarks displayed on the Membership.
Third Party Websites. The Membership may provide links or references to other websites operated by third parties. We are not responsible for the content, functionality, or practices of such websites. We do not continuously monitor or investigate such websites and the inclusion of links to third party websites on the Membership does not imply Our approval or endorsement of the linked websites. If you choose to access these third party websites, you do so at your own risk. You agree that BIC has no liability for any damage or loss of any type that is a result of your use of a third party website.
Privacy Policy. Your use of the Membership is also governed by the Privacy Policy available on the Membership. By agreeing to these Terms you are also agreeing to Our Privacy Policy, the terms of which are incorporated herein.
Rules of Conduct. You agree to use the Membership for lawful purposes only. You may not use or allow others to use your BIC membership to:
• Post or transmit any content that is unlawful, harmful, abusive, vulgar, obscene, hateful, fraudulent, threatening, harassing, defamatory, libelous, scandalous, inflammatory, pornographic, profane, invasive of another's privacy, or otherwise objectionable
• Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
• Post or transmit any content that you do not have the right to transmit under any law (such as patents, copyrights, trade secrets or securities) or under contractual or fiduciary relationships
• Post or transmit any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
• Offer, sell, or buy any security
• Post or transmit any content or file that contains viruses, corrupted files, software viruses or any other computer code or any other contaminating or destructive features that may disrupt, damage or destroy the functionality of any computer software or hardware or telecommunications equipment
BIC will fully cooperate with any law enforcement authorities or court order requesting or directing BIC to disclose the identity of anyone posting any such information or materials. Furthermore, BIC reserves the right (but is not obligated) to delete, move or edit postings that it determines, in its sole discretion, to be in violation of the above provisions or to be otherwise inappropriate.
Although BIC may from time to time monitor or review user generated content on the Membership, BIC is under no obligation to do so and assumes no responsibility or liability arising from the same.
Copyright Infringement Notification. To file a copyright infringement notification with BIC, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online 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. Providing URLs in the body of an email is the best way to help us locate content quickly.
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.
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.
To expedite our ability to process your request, such written notice should be sent to our designated agent identified below:
John T. Cotton
1 Independence Plaza
Suite 814
Birmingham, AL 35209
Fax: 205.949.8860
Email: john@gotbestbiz.com
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages.
Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Termination of Membership. BIC may terminate your membership at any time for a violation of any of the Terms. You may also terminate your membership at any time by clicking on 'My Account' in the BIC site and canceling your membership. You may also contact BIC directly via the 'Contact Us' Resources link. In the event that your account is terminated due to your breach of the Terms, no refund of any fees will be granted and no unused time will be convertible into cash or any form of credit. The rights of BIC under this Agreement shall survive any termination of your membership.
Governing Law; Dispute Resolution. The laws of the State of Alabama govern these Terms without regard to any conflict of law rules. You agree to attempt, in good faith, to resolve any controversy, claim or dispute relating to, or arising out of or in connection with these Terms or the Membership (in each and every case a "Claim"). Any Claim not so resolved shall be submitted to binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration rules, and judgment on the award rendered by the arbitrators may be in any court having jurisdiction thereof; provided, however, that neither party shall be prohibited by the foregoing provisions of this Section from pursuing temporary or injunctive relief in any forum where such relief may be granted. Any arbitration proceeding initiated hereunder shall be held exclusively in Jefferson County, Alabama. Subject to the foregoing, any Claim that may be submitted for judicial resolution under or in connection with these Terms may only be brought in state or federal court in Jefferson County, Alabama, which shall have exclusive jurisdiction over such matters. You hereby consent to the jurisdiction of such courts, and waive (i) right to trial by jury, and (ii) any objections you may have regarding the jurisdiction of or venue in such courts.
Miscellaneous. These Terms and any supplemental terms, policies, rules and guidelines posted on the Membership constitute the entire agreement between you and BIC and supersede all previous written or oral agreements, including, but not limited to, any prior versions of these Terms. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. We may assign these Terms at any time to our parent, any subsidiary, or any affiliated company, or as part of the sale to, merger with, or other transfer of our company to another entity. You may not assign these Terms to any person or entity. The failure of BIC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision in these Terms is held to be illegal, invalid or unenforceable, the provision will be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remaining provisions of the Agreement will remain in full force and effect.