EXPERT REGISTRATION TERMS & CONDITIONS
Last updated on June 25, 2014
Industryexpert.net (the “Website”) is provided by Business Brokerage Press, Inc., a North Carolina corporation (“BBP”). Please read these Terms & Conditions carefully before agreeing to be bound by the same.
1. Submission of Answers to Expert Questionnaire: You acknowledge and agree that all of Your answers will be accurate, truthful, and complete in all respects, and Your answers are based upon Your actual first-hand experiences in the industry in which You are an expert.
2. Copyright: The Website and the entire contents contained on this Website, including but not limited to, text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, are the sole and exclusive property of BBP. All such contents and materials are protected by domestic and international copyright and trademark laws. You hereby agree not to modify, copy, reproduce, republish, upload, post, transmit, or distribute any portion of the Website or any contents contained on the Website without the prior expressed written consent of BBP.
a. Ownership and Credit: In submitting Your name, contact information, and answers to the questionnaire and other submissions of information in the future to the Website (collectively, the “Content”), You agree that BBP shall have the sole and exclusive right, title, and interest in and to all intellectual property rights in the Content submitted as part of Your registration on the Website. You recognize that any Content submitted is for the benefit and sole ownership of BBP, and shall be treated as “Work for Hire” as the same is defined under of Section 101 of Title 17 of the United States Code (“Copyright Act”). You further recognize that the Content will not be credited to You as an author. The covenants set forth in this Paragraph shall survive and be enforceable after the termination of these Terms & Conditions.
b. Assignment: You shall, at the request and expense of BBP and without any compensation, take all actions and execute all instruments reasonably requested by BBP to secure and perfect BBP’s (or its assigns’) sole and exclusive right, title, and interest in and to the Content, including but not limited to the execution of instruments assigning to others designated by BBP all of your right, title, and interest in and to the Content, and the provision of assistance in preparing applications, registration forms, and other documents relating to the acquisition or maintenance of copyrights in the United States and in other countries. The covenants set forth in this Paragraph shall survive and be enforceable after the termination of these Terms & Conditions.
3. Unacceptable Use: You shall not do any of the following or permit any other third parties to do any of the following:
a. Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, or profane information of any kind, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national, or international law, including without limitation, export control laws and regulations;
b. Post or transmit any information or software that You are aware is encrypted or contains viruses, Trojan horses, worms, time bombs, spiders, cancel bots, or other computer programming routines that are intended to damage, interfere with, disrupt, impair, disable, or otherwise overburden the Website;
c. Upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material which is protected by copyright or other proprietary right, without obtaining the permission of the copyright owner or right holder;
d. Account sharing, including, without limitation, letting third parties register under Your name;
e. Access, download, or copy any information contained on the Website through artificial means (including but not limited to spiders, hacking devices, computer programs, bots, or other such means);
f. Post irrelevant Content, repeatedly post the same or similar Content, or otherwise impose an unreasonable or disproportionately large load on the Website’s infrastructure;
g. Attempt to gain unauthorized access to the Website or other computer systems or networks connected to the Website;
h. Use the Website in any manner that infringes, misappropriates, or violates BBP’s or any third party’s rights, including, but not limited to, transmitting any material that may infringe, misappropriate, or violate a third party’s rights of publicity, contractual rights, fiduciary rights, or intellectual property rights.
4. Disclosure of Information: BBP may make Your identifiable information and the Content available to BBP’s employees and third parties with whom BBP contracts. In addition, BBP may provide non-personally identifiable aggregate statistics, unique identifiers, demographic, and other anonymous information about You and other registrants to advertisers, vendors, and other third parties. You agree that BBP may make such uses of information You provide or BBP collects.
You agree that BBP may access, preserve, and disclose any information provided by You to BBP, including, but not limited to, the Content for the purposes described in this document, if required to do so by law or if in good faith, BBP believes that such access, preservation or disclosure is reasonably necessary to: (a) comply with any legal process, including but not limited to an enforceable court order or lawful third party subpoena; (b) enforce these Terms & Conditions; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BBP, its users, and/or the public.
As BBP continues to develop its business, it might sell or buy other companies or assets or be acquired or have substantially all of its assets acquired by a third party. In such transactions, user information generally is one of the transferred business assets. You hereby consent to the transfer of Your information as one of the transferred assets and to be used for any purpose allowed under these Terms & Conditions.
5. Disclaimer of Warranty/Limitation of Liability: THIS WEBSITE AND RELATED INFORMATION IS PROVIDED BY BBP ON AN “AS IS” AND “AS AVAILABLE” BASIS. BBP MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND, OR AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR REGISTRATION ON THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BBP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BBP DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM THIS WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BBP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE REGISTRATION ON THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
6. Applicable Law: You agree that the laws of the state of North Carolina, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between You and BBP. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Wilmington, North Carolina, and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that BBP may elect, in its sole discretion, to litigate the action in the county or state where any breach by You occurred or where You can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to Your registration on the Website or these Terms & Conditions shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
7. Breach of Agreement and Liquidated Damages: You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for BBP to pursue legal action to enforce these Terms & Conditions, You will be liable to pay BBP the following amounts as liquidated damages, which You accept as reasonable estimates of BBP’s damages for the specified breaches of these Terms & Conditions:
a. If You post Content in violation of these Terms & Conditions, You agree to promptly pay BBP One Thousand Dollars ($1,000) for each item of Content posted in violation of these Terms & Conditions. BBP may (but shall not be required to) to issue You a warning before assessing damages.
b. If You display, copy, duplicate, reproduce, sell, re-sell, or exploit for any purpose any Content in violation of these Terms & Conditions, You agree to pay Ten Thousand Dollars ($10,000).
c. If You use computer programming routines that are intended to aggregate records or reviews from the Website or otherwise damage, interfere with, disrupt, impair, disable, or otherwise overburden the Website, You agree to pay One Hundred Dollars ($100) for each review or record that is aggregated, disrupted, damaged, or otherwise affected by You.
d. Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, You agree to pay the actual damages suffered by BBP, including, but not limited to attorneys’ fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms & Conditions, BBP reserves the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms & Conditions, or any combination thereof.
8. Notice: You agree that BBP may communicate with You under these Terms & Conditions, through electronic mail, regular mail, or posting the notices on the Website. All notices to BBP will be provided by either sending: (i) an email to firstname.lastname@example.org; or (ii) a letter, first class certified mail, to Business Brokerage Press, Inc., 2726 Warlick Drive, Wilmington, NC 28409. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
9. Indemnification: You agree to indemnify, defend, and hold harmless BBP, its officers, directors, owners, partners, employees, agents, licensors, suppliers, and any third party information provider to the Website from and against all losses, expenses, damages, and costs, including attorneys’ fees, resulting from any violation of these Terms & Conditions (including negligent or wrongful conduct) by You and/or Your registration on the Website.
10. Other Provisions: BBP’s failure to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms & Conditions. BBP may assign its rights and duties under these Terms & Conditions to any party at any time without notice to You. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity or enforceability of any remaining condition. Any rights not expressly granted herein are reserved. Use of this Website is void where prohibited.
11. Entire Agreement: These Terms & Conditions govern Your registration on the Website and constitutes the entire agreement between You and BBP. It supersedes any prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between You and BBP regarding the subject matter contained in these Terms & Conditions. Additional terms and conditions may exist between You and third parties. You represent and warrant that those third party agreements do not interfere with Your obligations and duties to BBP under these Terms & Conditions.