TERMS OF USE AGREEMENT:
    TERMS OF USE AGREEMENT
     
 

 

TERMS OF USE AGREEMENT

1. DEFINITIONS


2. "You" refers to the user of this website and its related services, and as such you have gained the right to use this website by respecting the applicable Terms of Use described in detail below

3. Bobzio.com Inc. ("Bobzio.com") is the exclusive owner and operator of Bobzio.com.com (the website).

4. As used in this Agreement, "we" and "us" means Bobzio.com or any successor or assign of Bobzio.com.

5. Website refers to Bobzio.com

6. Services refers to your use of Bobzio.com.com for any purpose whatsoever.

7. User is any person using the website for any purpose.

8. OVERVIEW

9. This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions which apply to your use of the Bobzio.com.com website and all services offered by Bobzio.com. By completing the subscription process you are indicating that you agree to be bound by all of the terms in this Agreement. Please print and keep a copy of this Agreement for your records.

10. We reserve the right, at any time, to change or modify the terms and conditions applicable to your subscription. Such changes will become effective upon notification, which we may effect by sending you notice by email and posting a revised Agreement on this website, which you can access at any time using the "Terms of Use" link. Your continued use of our service after notification of such a change has been sent shall be deemed to constitute acceptance by you of any such changes, modifications, additions or deletions. You agree to review this Agreement periodically to be aware of any such revisions.

11. ELIGIBILITY

12. You must be 18 years of age or older to visit or use this website in any manner. By visiting Bobzio.com.com or accepting these Terms of Use, you represent and warrant to Bobzio.com that you are 18 years of age or older, and that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Bobzio.com that you will use this website in a manner consistent with any and all applicable laws and regulations.

13. PRIVACY OF INFORMATION

14. "Personal Information" means all information about an identifiable individual. Bobzio.com recognizes the importance of privacy and recognizes the sensitivity of personal information received by us in the course of offering our service.

15. We recognize our professional obligation to maintain the confidentiality of our clients' information, and recognize our obligations concerning the personal information of all individuals that we collect, use or disclose in our practice. This policy has been developed with those obligations in mind.

16. Bobzio.com does not collect your personal data for any purpose

17. Bobzio.com does not use 3rd party vendors or outsource any personal data.

18. By issuing this website you acknowledge that

19. (a) we cannot ensure the security or privacy of information you provide through the Internet and you release us from any and all liability in connection with the use of such information by other parties;

20. (b) we are not responsible for, and cannot control, the use by others of any information which you provide to them and you should use caution in selecting the personal information you provide to others through the Service; and

21. (c) we cannot assume any responsibility for the content of messages sent by other users of the Service, and you release us from any and all liability in connection with the contents of any communications you may receive from other users. We cannot guarantee, and assume no responsibility for verifying, the accuracy of the information provided by other users of the Service.

22. You may not use the Service for any unlawful purpose. If you use this service unlawfully we will pass along all information to law enforcement. We may refuse to grant any listing if we feel it is protected by trade-mark or proprietary law, or is vulgar or otherwise offensive, as determined by us in our sole discretion.

23. We do not share any personal information with third parties.

24. USER AGREEMENT

25. This Agreement constitutes your agreement with Bobzio.com with respect to your use of the Service. You must agree to abide by all of the terms and conditions contained in this Agreement in order to become or remain an authorized user of the Service.

26. RIGHT TO USE

27. Your right to use the Service is subject to any limitations, conditions and restrictions established by us from time to time, in our sole discretion. We may alter, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database or content. We may also impose limits on certain features and aspects of the Service or restrict your access to parts or all of the Service without notice or liability.

28. CODE OF CONDUCT

29. You agree to use the Service in accordance with the following Code of Conduct:

30. a. you will keep all information provided to you through the Service as private and confidential and will not give such information to anyone without the permission of the person who provided it to you;

31. c. you will not forward chain letters through the Service;

32. d. you will not use the Service to infringe the privacy rights, property rights, or any other rights of any person;

33. e. you will not post messages, pictures or recordings or use the Service in any way which

34. i. violates, plagiarizes or infringes upon the rights of any third party, including but not limited to any copyright or trade-mark law, privacy or other personal or proprietary rights, or

35. ii. is fraudulent or otherwise unlawful or violates any law; and

36. f. you will not use the Service to distribute, promote or otherwise publish any material containing any solicitation for funds, advertising or solicitation for goods or services.

37. g. you will not use the Service to distribute or up load any virus, trojan horses or do anything else that might cause harm to the Service, Bobzio.com systems or to other members' systems in any way.

38. MONITORING OF INFORMATION

39. We reserve the right to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time.

40. REMOVAL OF INFORMATION

41. While we do not and cannot review every message or other material posted or sent by users of the Service, and are not responsible for any content of these messages or materials, we reserve the right, but are not obligated, to delete, move, or edit messages or materials, including without limitation profiles, public postings and messages, that we, in our sole discretion, deem to violate the Code of Conduct set out above or any other applicable content guidelines, or to be otherwise unacceptable. You shall remain solely responsible for the content of profiles, public postings, messages and other materials you may upload to the Service or users of the Service.

42. TERMINATION OF ACCESS TO SERVICE

43. We may, in our sole discretion, terminate or suspend your access to all or part of the Service at any time, with or without notice, for any reason, including, without limitation, breach of this Agreement. Without limiting the generality of the foregoing, any fraudulent, abusive, or otherwise illegal activity, or that may otherwise affect the enjoyment of the Service or the Internet by others may be grounds for termination of your access to all or part of the Service at our sole discretion, and you may be referred to appropriate law enforcement agencies.

44. PROPRIETARY INFORMATION

45. The Service contains information which is proprietary to us, our partners, and our users. We assert full copyright protection in the Service. Information posted by us, our partners or users of the Service may be protected whether or not it is identified as proprietary to us or to them. You agree not to modify, copy or distribute any such information in any manner whatsoever without having first received the express written permission of the owner of such information.

46. NO RESPONSIBILITY

47. You acknowledge that we are not responsible for suspension of the Service, regardless of the cause of the interruption or suspension.

48. SECURITY

49. Your account is private and should not be used by anyone other than you. You are responsible for all usage or activity on the Service by users using your password, including but not limited to use of your password by any third-party.

50. EXTERNAL LINKS

51. The Service may from time to time contain links to other Internet sites and resources ("External Links"). You acknowledge that we are not responsible for, and have no liability as a result of the availability of External Links or their contents. We suggest that you review the terms of use and privacy statements of such External Links prior to using them.

52. MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

53. If you believe that any material or content distributed by Bobzio.com constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on our website; your address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

54. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

55. YOU UNDERSTAND AND AGREE THAT YOU USE BOBZIO.COM.COM AND ITS RELATED SERVICES AT YOUR OWN RISK. BOBZIO.COM'S SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

56. BOBZIO.COM PROVIDES VACATION HOME LISING AND HOMEEXCHANGE INFORMATION. BOBZIO.COM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR TIMELINESS OF, OR OTHERWISE ENDORSE ANY INFORMATION CONTAINED ON BOBZIO.COM.COM. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT DISTRIBUTED BY BOBZIO.COM IS OBTAINED, THERE MAYBE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. YOU ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY MEMBER LISTING, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICE BY BOBZIO.COM, OUR PARTNERS OR ANY USER OF THE SERVICE OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, MEMBER LISTING, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THIS AGREEMENT, WILL CONSTITUTE A BINDING ACCEPTANCE BY YOU OF THIS AGREEMENT, OR ANY SUBSEQUENT MODIFICATIONS.

57. YOU HEREBY ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL BOBZIO.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT DISTRIBUTED BY BOBZIO.COM AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE BOBZIO.COM SERVICE OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE BOBZIO.COM.COM WEBSITE, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER BOBZIO.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

58. SOME JURISDICTIONS LIMIT THE AVAILABILITY OF SUCH LIMITATION OF LIABILITY, IN WHICH CASE THE PROVISIONS OF THIS SECTION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL OUR LIABILITY EXCEED THE SUM OF $100.00 U.S. DOLLARS.

59. INDEMNITY

60. You hereby agree to indemnify, defend and hold harmless Bobzio.com and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Bobzio.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

61. MISCELLANEOUS

62. This Agreement represents the entire agreement between you and Bobzio.com regarding the use of our services and supersedes any other agreement or understanding on the subject matter. This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of florida, USA. As a condition of using Bobzio.com.com's services, each user agrees that any and all disputes and causes of action arising out of or connected with Bobzio.com.com, shall be resolved through arbitration, with such arbitration to be held in Port St Joe, Florida, USA.

63. Additionally, except where prohibited by law, as a condition of using Bobzio.com.com services, you agree that any and all disputes and causes of action arising out of or connected to our services shall be resolved individually, without resort to any form of class action. You also agree that regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of Bobzio.com.com must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

64. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable. This Agreement is not assignable, transferable or sublicensable without the prior written consent of Bobzio.com. Bobzio.com may assign this Agreement in whole or in part. No agency, partnership, joint venture, or employment is created as a result of this Agreement. Headings are for convenience only and have no legal or contractual effect. All notices under this Agreement shall be in writing and shall be deemed to have been duly given when receipt is electronically confirmed, if transmitted by facsimile or email or upon receipt, if sent by certified or registered mail, return receipt requested.

65. FEE FOR SERVICES

66. In addition to the free services provided on the Bobzio.com.com Web site, certain services are offered which require payment for service. Where payment is required, the following additional terms and conditions will apply

67. PRIVACY OF FINANCIAL INFORMATION

68. Bobzio.com will use the credit card information you provide to bill you for goods and services. By registering for a for-fee service and providing your credit card details, you agree to be billed by us for your for-fee service in advance. Bobzio.com will not share your financial information with third-parties, except as necessary to process your payment. By providing your credit card details to us, you consent to and authorize us to provide your credit card details to such credit card processors and financial institutions as are necessary to process your payment.

69. TERMINATION OF SERVICES FOR NON-PAYMENT

70. Where payment is required for a service and we are unable to charge your credit card for any reason, we may discontinue any and all service to you either temporarily or permanently.

71. CANCELLATION OF SERVICES

72. You may request cancellation of services of any Bobzio.com service at any time. Where, however, a fee has been paid for a service, all such payments for service are non-refundable. Where billing for a service is recurring on a monthly, yearly or other periodic basis, the unused portion of the current service period will not be refunded.

73. MODIFICATIONS

74. We may modify this Agreement from time to time. Notification of changes in this Agreement will be posted on the Service or sent via electronic mail, as we may determine in our sole discretion. If you do not agree to any modifications, you should terminate your use of the Service. Your continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by you of this Agreement, or any subsequent modifications.

75. DISCLOSURE AND OTHER COMMUNICATION

76. We reserve the right to send electronic mail to you, for the purpose of informing you of changes or additions to the Service, or of any Bobzio.com related products and services. We reserve the right to disclose information about your usage of the Service and demographics in forms that do not reveal your personal identity.

© Bobzio.com., 2009

 

 

 

 
     
© Bobzio.com., 2009