IBB CONSULTING GROUP WEBSITE TERMS AND CONDITIONS OF USE
Please read the following Terms and Conditions of Use (these “Terms”) carefully before using the IBB Consulting Group (“IBB”) website, located at www.ibbconsulting.wpengine.com, as well as any online features, services and/or programs offered by IBB (collectively, the “Website”). By accessing or using the Website, you agree to the following Terms. You should review these Terms regularly as they may change at any time in the sole discretion of IBB. If you do not agree to any portion of these Terms, you should not access or otherwise use the Website. “Content” refers to any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or on the Website.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, IBB does not warrant or represent that: (a) the Content is accurate or complete; (b) the Content is up-to-date or current; (c) IBB has any obligation to update any Content; (d) the Content is free from technical inaccuracies or typographical errors; (e) the Content is free from changes caused by a third party; (f) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or (g) any information obtained in response to questions asked through the Website is accurate or complete.
2. SITE USE AND CONTENT. You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute or publish any information from the Website without the express, prior, written consent of IBB. At any time, we may, without further notice, make changes to the Website, to these Terms and/or to the services described in these Terms. 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.
(a) NO WARRANTIES; INDEMNIFICATION. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE 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. This exclusion of warranties does not apply to any products that you may purchase from IBB. IBB PROVIDES THE WEBSITE ON A COMMERCIALLY REASONABLE BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE, THE CONTENT OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE WEB PAGES ON THE WEBSITE OR THE SERVERS USED IN CONNECTION WITH THE WEBSITE ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES OR OTHER HARMFUL COMPONENTS. IBB DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT IBB WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. UNLESS IBB OTHERWISE AGREES IN A WRITING SIGNED BY AN AUTHORIZED OFFICER OF IBB, THE ENTIRE LIABILITY OF IBB AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF ANY SERVICE OR PRODUCT PROVIDED ON OR THROUGH THE WEBSITE WILL BE THE REFUND OF THE PURCHASE PRICE FOR ANY PRODUCTS OR SERVICES FOUND TO BE INADEQUATE.
(b) INDEMNIFICATION. You agree to defend, indemnify and hold harmless IBB and its directors, officers, employees and agents 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 IBB, 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; and/or (iii) your use of the rights granted hereunder, including without limitation any claims made by any third parties.
4. LIMITATION OF LIABILITY. THE ENTIRE LIABILITY OF IBB AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE WILL BE THE CANCELLATION OF YOUR CUSTOMER ACCOUNT. IN NO EVENT WILL IBB BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE AND/OR ANY PRODUCTS OR SERVICES PROVIDED IN CONNECTION WITH THE WEBSITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES OR JURISDICTIONS THE LIABILITY OF IBB WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
6. THIRD PARTY CONTENT.
(a) IBB may provide hyperlinks to other websites maintained by third parties, or IBB may provide third party content on the Website 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 IBB’S CONTROL AND IBB 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 WEBSITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
(b) If a third party links to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with IBB. In most cases, IBB is not even aware that a third party has linked to the Website. A third party website that links to the Website: (i) may link to, but not replicate, IBB’s Content; (ii) may not create a browser, border environment or frame IBB’s Content; (iii) may not imply that IBB is endorsing it or its products or services; (iv) may not misrepresent its relationship with IBB; (v) may not present false or misleading information about IBB’s products or services; (vi) should not include content that could be construed as distasteful, offensive or controversial; and (vii) should contain only Content that is appropriate for all age groups.
7. COPYRIGHT AND TRADEMARKS. The trademarks, service marks and logos used and displayed on the Website are IBB’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. IBB is the copyright owner or authorized licensee of all text and all graphics contained on the Website. All trademarks and service marks of IBB, or its subsidiaries or affiliates, that may be referred to on the Website are the property of IBB, or one of its subsidiaries or affiliates. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners. Nothing on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of IBB’s, or its subsidiaries’ or affiliates’, trademarks, service marks or copyrights without IBB’s prior written permission. IBB aggressively enforces its intellectual property rights. Neither the name of IBB, its subsidiaries or affiliates, nor any of IBB 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 Website or otherwise, without IBB’s prior written permission, except that a third party website that desires to link to the Website and that complies with the requirements of Paragraph 6(b) above may use the name “IBB” in or as part of that link.
9. AVAILABILITY. Information that IBB publishes on the Website may contain references or cross-references to products, programs or services of IBB, its partners, subsidiaries or affiliates that are not necessarily announced or available in your area. Such references do not mean that IBB, or any of its partners, subsidiaries or affiliates, will announce any of those products, programs or services in your area at any time in the future. You should contact IBB for information regarding the products, programs and services that may be available to you, if any.
10. COPYRIGHT COMPLAINTS. IBB owns, protects and enforces copyright and other rights in its own intellectual property, and respects the intellectual property rights of others. Materials may be made available on the Website by third parties not within the control of IBB. It is our policy not to permit materials known by us to be infringing to remain on the Website. Please notify us promptly if you believe that any materials on the Website infringe on the intellectual property rights of anyone else. Once we receive proper notice of claimed infringement under the Digital Millennium Copyright Act (the “DMCA”), IBB will respond promptly to remove the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content at issue. Notice of alleged infringement must be sent by certified mail and marked “Copyright Infringement” to IBB Customer Service at: IBB Consulting Group, 1628 JFK Blvd., Suite 1701, Philadelphia, PA 19103, Attn: Afzaal Akhtar.
11. TERMINATION OF SERVICE. We may terminate your account or right to access secured portions of the Website at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Website, to IBB, to its partners, to the business of the Website’s internet service provider, or to other information providers.
12. GOVERNING LAW. These Terms will be governed by the laws of the State of Delaware, without giving effect to any principles of conflicts of laws. By using or accessing the Website, you agree that any action at law or in equity arising out of or relating to your use of the Website or these Terms will be filed only in the state or federal courts in the Commonwealth of Pennsylvania, Philadelphia County, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
12. LOCAL LAWS. IBB makes no representation that content or materials on the Website are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so on your own initiative and are responsible for compliance with applicable local laws. IBB is not responsible for any violation of law. You may not use or export the Content or materials on the Website in violation of U.S. export laws and regulations. You 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).
Your Consent To This Agreement
By accessing and using the Website, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Website.
If you have additional questions or comments of any kind, or if you see anything on the Website that you think is inappropriate, please let us know by e-mail or by sending your comments to:
IBB Consulting Group
1628 JFK Blvd., Suite 1701
Philadelphia, PA 19103
Attn: Customer Care – Website Issues
International: (215) 687-4460
Copyright © 2012. IBB Consulting Group. All Rights Reserved.