Connecting Businesses and Consumers, Socially

SoBiz10.com Terms & Conditions

SoBiz10™, Inc. ("SoBiz10™" or "we") is a business and personal social networking service that allows Members (both registered users and registered merchants) and other users to create unique business and personal profiles online in order to find, meet, communicate and interact with friends, family, other users, members and merchants across the entire SoBiz10™ network.

The content, services and opportunities offered by SoBiz10™ include the SoBiz10™.com website (the "SoBiz10™ Website"), the SoBiz10™ Internet messaging service, and any and all other features, content, or applications offered from time to time by SoBiz10™ in connection with the SoBiz10™ Website (collectively, the "SoBiz10™ Services"). The SoBiz10™ Services are hosted in the United States of America.

These Terms and Conditions constitute the "Terms of Use Agreement" ("Agreement") and set forth each of the legally binding terms and conditions for use of the SoBiz10™ Website and all the SoBiz10™ Services and content from time to time offered therein or related thereto (all collectively referred to herein as "SoBiz10™").

By using, joining, visiting or otherwise interacting with SoBiz10™, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the SoBiz10™ Website) or you are a "Member" (which means that you have registered with SoBiz10™) or you are a "Merchant" (which means you have registered to use SoBiz10™ for commercial purposes) or you are interacting in any other way with SoBiz10™.

The term "User" refers to a Visitor, Member or Merchant. You are only authorized to use the SoBiz10™ (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. If you access SoBiz10™, you will be deemed to have agreed to and be bound by this Agreement. Please read this Agreement carefully. If you do not agree with it, you should leave the SoBiz10™ Website and discontinue use of the SoBiz10™ Services immediately.

This Agreement includes SoBiz10™'s policy for acceptable use of the SoBiz10™ Website, your rights, obligations and restrictions regarding your use of SoBiz10™ and our Privacy Policy. In order to participate in certain SoBiz10™ Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to SoBiz10™ in which you choose to participate, any and all such other or additional terms are hereby incorporated into this Agreement.

SoBiz10™ may, in its sole and absolute discretion and without any advance notice or warning, modify this Agreement from time to time. Any such modification shall be effective upon posting by SoBiz10™ on the SoBiz10™ Website. Your continued use of the SoBiz10™ Services following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly.

  1. Eligibility.

    Use of the SoBiz10™ Services and registration to be a member for the SoBiz10™ Services is void where prohibited. By using the SoBiz10™ Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 15 years of age or older; and (d) your use of the SoBiz10™ Services does not violate any applicable law. You profile may be deleted and your membership terminated without warning, if we believe that you are under 15 years of age.

  2. Registration Information.

    When you register with SoBiz10™, you will be asked to provide certain information including, without limitation, a valid email address (your "Information"). In addition to this Agreement and the SoBiz10™ privacy policy (the "Privacy Policy"), you understand and agree that SoBiz10™ may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. SoBiz10™ will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant and material or may lead to the discovery of relevant, material and/or otherwise discoverable information.

    SoBiz10™ reserves the right to offer third party services and products to you based on the preferences that you identified through your registration and/or use of SoBiz10™ and at any time thereafter; such offers may be made by SoBiz10™ or by third parties. Please see the Privacy Policy for further details regarding your Information.

    Without limiting any of the disclaimers set forth in this Agreement and the Privacy Policy, SoBiz10™ does not provide or make any representation or warranty as to the quality or nature or fitness for any use whatsoever of any of the third party products or services accessed, available, purchased or obtained through SoBiz10™ or any other representation, warranty or guaranty of any kind, nature or type. Any such undertaking, representation, warranty or guaranty must be separately furnished solely by the provider thereof, under terms agreed to by the provider thereof and SoBiz10™ shall, at all times and under all conditions and circumstances, be fully and completely separate and absolved from any complaint or allegation relative thereto.

    If you cancel your MySoBiz10™ account, all your account information from SoBiz10™, including resumes, cover letters, network profiles, saved jobs, questionnaires and email mailing lists will be removed from SoBiz10™ and SoBiz10™'s databases and cannot be retrieved once deleted. Nothing posted can or will be preserved or returned, although SoBiz10™, in its sole and absolute discretion, reserves the absolute and unlimited right to retain all such information for quality control, conformation, legal and other purposes, but shall not, under any circumstance, be required to do so.

  3. Password.

    You are responsible for maintaining the confidentiality of your SoBiz10™ Account and passwords. You shall be responsible for all uses of your SoBiz10™ Website registrations and passwords, whether or not authorized by you. You agree to immediately notify SoBiz of any unauthorized use of your SoBiz10™ Account.

  4. Prohibited Activity.

    Users may not use SoBiz10™ to transmit, distribute, store or destroy material, including without limitation SoBiz10™ Content and other content lawfully posted to the SoBiz10™ Website, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. All such terms in this paragraph and throughout this document employed are, within the sole and absolute discretion of SoBiz10™ to be defined in the broadest way possible so as to afford SoBiz10™ users, merchants, visitors and other lawfully and properly accessing SoBiz10™ maximum protection from the type of conduct proscribed hereby.

    Any person or entity accessing SoBiz10™ is strictly prohibited from violating or attempting to violate the security of the SoBiz10™.com Website, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the SoBiz10™Website, overloading, "flooding", "spamming", "mailbombing", "DoSing," "attaching," "piggy-backing," "Re-directing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security shall result in civil and criminal liability. SoBiz10™ will investigate occurrences which SoBiz10™believes may involve such violations and may involve and cooperate with, law enforcement authorities in prosecuting any and all persons involved in such violations to the fullest extent of the law.

    The job posting and resume database features of SoBiz10™ may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. All Users and others accessing SoBiz10™ agree not to do any of the following: (a) post any jobs on the SoBiz10™Website for any competitor of SoBiz10™ or posting jobs or other content that contains links to any site competitive with SoBiz10™; (b) post jobs or content on the SoBiz10™Website that contain any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited(c) use the SoBiz10™Website Resume Database for any purpose other than as an employee seeking employment or employer seeking employees, including but not limited to using the information in the Resume Database to sell or promote any products or services; (d) post or submit to the SoBiz10™Website any incomplete, false, inaccurate or misleading biographical information or information which is not your own; or (e) post on the SoBiz10™Website any franchise, pyramid scheme, "club membership", distributorship, multi-level marketing program or opportunity or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.

    In additional, all Users and others accessing SoBiz10™ agree not to do any of the following: (i) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the SoBiz10™ Website; (ii) delete or revise any material posted by any other person or entity; (iii) take any action that imposes an unreasonable or disproportionately large load on the SoBiz10™ Website's infrastructure; (iv) notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent, artifice or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the SoBiz10™ Website other than the search engine and search agents available on the SoBiz10™ Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer); (v) attempt to decipher, decompile, disassemble, manipulate, reverse engineer or otherwise adversely effect or improperly access or use in any way any of the software comprising or in any way making up any part of SoBiz10™; (vi) aggregate, copy or duplicate in any manner any of the SoBiz10™ Content or information available from the SoBiz10™ Website; (vii) otherwise copy, manipulate or attempt to claim any part of SoBiz10™ as your own for any reason.

  5. User Content and Submissions.

    You are solely responsible for your SoBiz10™ account information, profile, content, messages or other information ("User Content") that you submit, publish or display (hereinafter, "post") on the SoBiz10™Website or transmit to others via SoBiz10™. By posting User Content to SoBiz10™, you automatically grant, and you represent and warrant that you have the right to grant to SoBiz10™ an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute any and all such User Content and to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses thereof without compensation therefore.

    By posting User Content to any public or non-public area of SoBiz10™, including message boards, forums, profiles, sales, notifications, events, appointments, travel areas, photos and chat rooms, you grant SoBiz10™ and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral, legal and/or intellectual property rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, sell, convey, hypothecate, distribute, communicate to the public, perform and display the User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed (herein "Use"), for the full term of any rights that may exist in such content without fee or compensation of any type for any purpose and without liability for any such use thereof. You also warrant that the holder of any rights, including moral, legal and/or intellectual property rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on SoBiz10™ retains any and all other rights that may exist in such User Content.

    SoBiz10™ acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, SoBiz10™ may review and delete any User Content that, in the sole and absolute discretion of SoBiz10™, violates or is in any way deemed in the sole and absolute discretion of SoBiz10™ to be contrary to these Terms of Use, or which violates applicable law, rules or regulations, is offensive, immoral, or illegal or violates the rights of, harms or threatens the safety of Users of the SoBiz10™ Website.

    SoBiz10™ reserves the right to terminate, reject, expel and bar re-entry by visitors, Users or others accessing SoBiz10™ and prevent their further access to the SoBiz10™ for violating the Terms of Use or applicable law, rule or regulation and the right to remove User Content which is in violation of the Terms of Use, abusive, immoral, illegal, or disruptive. SoBiz10™ may take any action with respect to User Content and/or services which SoBiz10™ deems necessary or appropriate in its sole and absolute discretion if it believes it may create liability for SoBiz10™, or may cause SoBiz10™ to lose (in whole or in part) the services of its ISPs or other suppliers.

    The following is a partial list of User Content which is prohibited on SoBiz10™. The list below is for illustration purposes only and is not a complete list of all prohibited User Content. Rather, any content as outlined above is proscribed hereby, including but not limited to content which:

    • is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • harasses, incites harassment or advocates harassment of another any group or individual;
    • involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
    • promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, immoral, obscene, defamatory or libelous;
    • promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
    • contains restricted or password only access pages, or hidden pages or images;
    • displays or links to pornographic, indecent or sexually explicit material of any kind;
    • provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
    • provides instructional information about illegal activities or other activities prohibited by these Terms of Use, including without limitation, making or buying illegal weapons, violating someone's privacy, or provides or creates computer viruses or pirating any media; and
    • solicits passwords or personal identifying information from other Users;

    SoBiz10™ reserves the right in its sole and absolute discretion to investigate and take legal action against anyone who engages in any illegal or prohibited conduct or otherwise violates these Terms of Use, including without limitation, removing the User Content from SoBiz10™ and/or terminating the offending person or entity’s ability to access SoBiz10™.

    SoBiz10™ does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or others or SoBiz10™ and does not endorse any opinions expressed by Users or others hereon. Any reliance on material posted by others on SoBiz10™ will be at the users/viewers own risk.

    SoBiz10™ has no obligation to screen User Content in advance and is not responsible for screening or monitoring User Content. If notified of communications which allegedly do not conform to these Terms of Use, SoBiz10™ may, in its sole and absolute discretion, investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. SoBiz10™ has no liability or responsibility to Users or others for performance or nonperformance of such activities.

    SoBiz10™ appreciates hearing from Users and others and welcome comments regarding SoBiz10™. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall immediately become and forever thereafter be the sole and exclusive property of SoBiz10™ without any obligation on the part of SoBiz10™ to compensate you therefore regardless of any intellectual property rights or other similar protection you might have enjoyed had you not voluntarily waived these rights and gratuitously delivered your submission to SoBiz10™. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. SoBiz10™ shall own exclusively all now or then known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission and you will have absolutely no right whatsoever to seek redress therefore In any court of competent jurisdiction, whether at law or in equity.

  6. Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement.

    If you believe that your copyrighted work has been uploaded, posted or copied to the SoBiz10™ Website and is accessible on the SoBiz10™Website in a way that constitutes copyright infringement, please notify us by providing our designated copyright agent with the following information:

    1. The physical or electronic signature of either the copyright owner or of a person authorized to act on the owner's behalf;
    2. A description of the copyrighted work you claim has been infringed, and a description of the activity that you claim to be infringing;
    3. Identification of the URL or other specific location on the SoBiz10™Website where the material or activity you claim to be infringing is located or is occurring. You must include enough information to allow us to locate the material or the activity;
    4. Your name, address, telephone number and, if you have one, your e-mail address;
    5. A statement by you that you have a good faith belief that use on the SoBiz Website of the copyrighted work in the manner you are complaining of is not authorized by the copyright owner, any agent of the copyright owner, or the law; and
    6. A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are either the copyright owner or are authorized to act on behalf of the copyright owner.
  7. Policy Regarding Termination Of Users And Account Holders Who Infringe The Copyright Or Other Intellectual Property Rights Of Others.

    SoBiz10™ and all of our affiliated companies respect the intellectual property rights of others, and we demand that all SoBiz10™ Users, account holders, visitors and content suppliers or partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of SoBiz10™, you agree not to use SoBiz10™ to infringe the intellectual property rights of others in any way. We will terminate the accounts of any SoBiz10™ account holders, and block access to SoBiz10™ of any Users who infringe on the copyrights, intellectual property or other protected rights of others. We reserve the right to take these actions at any time, in our sole and absolute discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

  8. Policy Regarding Termination Of Users And Account Holders Who Discriminate Against Others' Protected Statuses.

    SoBiz10™ and all of our affiliated companies respect the rights of others, and we demand that all SoBiz10™ users, account holders, visitors and content suppliers or partners to do the same. Discrimination against others in a manner that is against Federally protected statuses (see: Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA)) is a violation of their rights. As a condition to your use of SoBiz10™, you agree not to use SoBiz10™ to discriminate against anyone or infringe the employment rights of others in any way. We will terminate the accounts of any SoBiz10™ account holders, and block access to the SoBiz10™Website of any Users who infringe on the rights of others. We reserve the right to take these actions at any time, in our sole and absolute discretion, with or without notice, and without any liability to the account holder who is terminated or to the User whose access is blocked.

  9. DISCLAIMERS.

    SoBiz10™ acts as a venue for employers to post job opportunities and candidates to post resumes, trips, sale items, photos, events, appointments and any other feature that we offer -- but SoBiz10™ does not screen or censor the listings offered and has no duty or obligation to do so. SoBiz10™ is not involved in the actual transaction between employers and candidates, merchants and members and any other transactions between Users. As a result, SoBiz10™ has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings or any User Content and, consequently, SoBiz10™ makes no representations about any jobs, resumes or User Content on SoBiz10™.

    In addition, please note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom you come in contact through SoBiz10™. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using SoBiz10™ and that you will immediately notify us of inappropriate conduct or activity of others or SoBiz10™. You understand, however, that SoBiz10™ is not liable therefore or under any obligation whatsoever to discover, remove or terminate any such conduct or activity.

    Because user authentication on the Internet is difficult, SoBiz10™ cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of Users the SoBiz10™Website, in the event that you have a dispute with one or more Users, you release SoBiz10™ (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

    SoBiz10™ Content may contain inaccuracies or typographical errors. SoBiz10™ makes no representations about the accuracy, reliability, completeness, or timeliness of any SoBiz10™ Content. The use of SoBiz10™ and SoBiz10™ Content is at your own risk. Changes are periodically made to SoBiz10™ and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the SoBiz10™. Employers are solely responsible for their postings on SoBiz10™. SoBiz10™ is not to be considered to be an employer with respect to your use of SoBiz10™ and SoBiz10™ shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on SoBiz10™.

    SoBiz10™ cannot guarantee and does not promise any specific results from use of SoBiz10™. No advice or information, whether oral or written, obtained by a User from SoBiz10™ shall create any warranty not expressly stated herein.

    SoBiz10™ DOES NOT WARRANT THAT THE SoBiz10™ WEBSITE WILL OPERATE ERROR-FREE OR THAT THS SoBiz10™ WEBSITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SoBiz10™WEBSITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SoBiz10™ IS NOT RESPONSIBLE FOR THOSE COSTS. THE SoBiz10™ WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SoBiz10™, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SoBiz10™ MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

  10. Disclaimer of Consequential Damages.

    IN NO EVENT SHALL SoBiz10™, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SoBiz10™WEBSITE AND CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  11. Limitation of Liability.

    THE MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SoBiz10™ WEBSITE CONTENT OR YOUR USE THEREOF, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100 AND IS LIMITED THERETO.

  12. Links to Other Sites.

    SoBiz10™ may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by SoBiz10™ of the contents on such third-party websites. SoBiz10™ is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk.

  13. No Resale or Unauthorized Commercial Use.

    You agree not to resell or assign your rights or obligations under these Terms of Use, you also agree not to make any unauthorized commercial use of SoBiz10™ and that any attempt to do so is void and will subject you to treble damages caused thereby.

  14. Indemnity.

    You agree to defend, indemnify, and hold harmless SoBiz10™, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees resulting from (i) any User Content or other material you provide to the SoBiz10™Website, (ii) your use of any SoBiz10™ Content, or (iii) your breach of the terms of these Terms of Use. SoBiz10™ shall provide notice to you promptly of any such claim, suit, or proceeding.

  15. General.

    SoBiz10™ makes no claims that SoBiz10™ Content may be lawfully viewed or accessed outside of the United States. Access to SoBiz10™ Content may not be legal by certain persons or in certain countries. If you access SoBiz10™ from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the state of Colorado, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Colorado. If any this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for specific areas of SoBiz10™, a particular "Legal Notice," or Software License or material on particular Web pages, this Agreement constitutes the entire agreement between you and SoBiz10™ with respect to the use of SoBiz10™. No changes to this Agreement shall be made except by a revised posting on this page.

    Disputes between Users, including Merchants, must be resolved without the involvement of SoBiz10™. All business completed as a result of relationships formed on SoBiz10™ are the sole responsibility of the parties involved. SoBiz10™ has no obligation whatsoever to become involved in disputes between Users and/or Merchants.

  16. Additional Terms of Use.

    Certain areas of SoBiz10™ are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

  17. Term and Termination.

    This Agreement will remain in full force and effect while you are a User, viewer or visitor of SoBiz10™ at any level. SoBiz10™ reserves the right, at its sole and absolute discretion, to pursue all of its legal remedies including, but not limited to, deletion of your User Content from SoBiz10™, immediate termination of your registration, immediate termination of your ability to access SoBiz10™ and/or any other services provided to you by SoBiz10™, and/or civil and criminal penalties, upon any breach by you of this Agreement or if SoBiz10™ is unable to verify or authenticate any information you submit to SoBiz10™ registration. Even after you are no longer a User of SoBiz10™, all provisions of this Agreement shall continue to apply you and your use of SoBiz10™, regardless of when that use may have occurred. SoBiz10™ may terminate any account, at any time, for any reason, without liability.

  18. Additional Terms and Conditions for Merchants.

    SoBiz10™ provides a forum for Merchants to advertise and market their products and services to SoBiz10™ Users. By using SoBiz10™, you represent and warrant that (a) all information contained in your profile is truthful and accurate and that you will maintain the accuracy of such information, (b) your use of SoBiz10™ does not violate any applicable laws, and (c) you are at least 18 years old.

    You may terminate or suspend your use of SoBiz10™ at any time, for any reason. SoBiz10™ may terminate your profile or your access to the SoBiz10™ Services, or any portion thereof, including removing your profile, at any time for any or no reason. This Agreement will remain in effect after your User status has terminated and you will remain obligated to pay for any obligations accrued under the SoBiz10™ Services.

    You acknowledge that SoBiz10™ will charge fees for Merchant profiles and that the amount of the fees may be changed from time to time in SoBiz10™’s sole discretion. You agree to pay such charges, along with any applicable taxes. All charges to your account must be paid using the credit card you have submitted to us. You confirm that you are permitted to use the credit card submitted to us. You authorize us to store your credit card information, along with other related transaction information. Your authorize us to charge the full amount of fees due to us to the credit card provided. If SoBiz10™ does not receive timely payment from the credit card on file for your account, you agree to pay all amounts due upon demand. If you do not pay your account in a timely manner, we may suspend or terminate your profile and/or access to the SoBiz10™ Services, and collect the fees due using other collection mechanisms. You agree to pay all expenses associated with such collection, including reasonable attorneys’ fees. Interest will accrue on ay past due amounts at the rate of the lesser of 1% per annum per month or the lawful maximum. If SoBiz10™ removes your profile or terminates your access to the SoBiz10™ Services, or if you voluntarily terminate your use of the SoBiz10™ Services, you will not be entitled to a refund of fees paid.

    You agree that you either own or have the legal right to use the content contained in your profile and in your advertising and other marketing materials ("Advertising") and that the posting of your Advertising on SoBiz10™ does not infringe the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary right. You agree that your Advertising will not be deceptive or fraudulent in any manner and that it may not contain or promote spam or content that violates applicable laws or regulations. SoBiz10™ reserves the right to refuse to post or to remove any Advertising or to remove your profile or to terminate your access to the SoBiz10™ Services at any time for any reason, or no reason, with or without prior notice and without liability.

    In addition to the other prohibitions contained in this Agreement, you agree that your Advertising will not contain or promote adult content, including nudity or sexual terms or images, and that your Advertising will not contain or promote offensive or vulgar language, or defamatory, libelous, slanderous or unlawful content. SoBiz10™ will not accept advertising referencing any of the following: tobacco products, ammunition, firearms or other weapons, gambling, scams, pyramid schemes or chain letters, adult toys or videos, child pornography, fraud, drug dealing, trafficking in obscene material, harassment, spamming,, intellectual property infringement, or theft of trade secrets.

    Advertising for alcoholic beverages must be targeted to people 21 years old or older. If the User’s age cannot be determined, do not display the advertisement to the User in question. SoBiz10™ recommends that advertising promote drinking responsibly.

    SoBiz10™ makes no guaranty as to the success of Merchant profiles or Advertising.

  19. U.S. Export Controls.

    Software available in connection with the SoBiz10™ Services (the "Software") is further subject to the United States export controls. No Software may be downloaded from the SoBiz10™ Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading and using the Software is at your own risk.

Please contact us with any questions regarding this Agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.