Terms
of Use
Welcome
to azuresbs.com, the official company Web site of Azure Small Business
Solutions. Our goal is to provide the best services to you. To ensure
that we can provide a safe and friendly environment for all of our users,
we have established these TERMS OF USE.
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE OR ANY OTHER
WEB SITE OF AZURE SMALL BUSINESS SOLUTIONS. THESE TERMS OF USE ARE LEGALLY
BINDING ON YOU.
By
using this Web site, you signify your assent to these Terms of Use. (Note:
The use of the word "Terms" also includes the term and concept
of "Conditions.") We reserve right, at our discretion, to modify,
add, or remove portions of the terms at any time. Please check these terms
periodically for changes. Your continued use of this site now or following
the posting of changes to these terms will signify that you accept these
Terms and/or changes. Your violation of these Terms, at a minimum, will
result in your loss of right to use our Web site, as we may decide in
our absolute discretion.
1.
RESTRICTIONS ON USE OF MATERIALS.
All
materials on this site, including but not limited to text, images, designs,
audio, graphics, logos, software, and the like (collectively called
the "Materials"), are owned or licensed by Azure Small Business
Services (called also the "Company") or its content suppliers
and protected by U.S. and international laws. All trademarks, service
marks, and trade names are proprietary to Company. You may not copy,
transmit, post, create derivative works from, or republish in any way
whatsoever any Materials from our Web site without the prior written
permission of the Company. However, you may download or make one copy
of the Materials and other downloadable items for personal, noncommercial
home use only, provided all copyright and other notices on the Materials
are left intact. Any modification or use of the Materials for any other
purpose is an infringement of the Company's copyrights and other proprietary
rights. Use of these Materials on any other Web site or other networked
computer environment is prohibited without the prior written permission
of Company.
2.
DISCLAIMER.
THIS
SITE IS PROVIDED BY AZURE SMALL BUSINESS SOLUTIONS ON AN "AS IS"
BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS
OR IMPLIED, AS TO THE OPERATION OF OUR SITE, ITS INFORMATION, CONTENT,
MATERIALS, OR PRODUCTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WE DISCLAIM
ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BY NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WE
DO NOT WARRANT THAT ANY FUNCTIONS OF OUR SITE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR
OUR SERVER(S) ARE FREE OF VIRUSES.
WE
DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE
MATERIALS ON THIS WEB SITE AS TO THEIR ACCURACY OR RELIABILITY. YOU
(AND NOT US) ASSUME THE COST OF ALL NECESSARY CORRECTIONS OR REPAIR.
FURTHER, APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF ANY IMPLIED WARRANTIES,
SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
3.
LIMITATION OF LIABILITY.
UNDER
NO CIRCUMSTANCES SHALL AZURE SMALL BUSINESS SOLUTIONS BE LIABLE FOR
ANY CLAIMS OF NEGLIGENCE OR BREACH, INCLUDING BEING LIABLE FOR ANY SPECIAL
OR CONSEQUENTIAL DAMAGES FROM THE USE OR INABILITY TO USE THE MATERIALS
ON THIS WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF THESE POSSIBILITIES.
APPLICABLE LAW MAY NOT ALLOW THESE LIMITATIONS ON LIABILITY OR DAMAGES,
SO THE ABOVE MAY NOT APPLY TO YOU.
IN
NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE)
EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
4.
ONLINE CONDUCT.
Any
communication which you post to our Web site is nonconfidential, and
user agrees to use azuresbs.com only for lawful purposes. You shall
not post or publish on our Web site any content which is defamatory,
obscene, threatening, illegal, infringing on copyrights or trademarks,
or otherwise objectionable, including but not limited to any material
encouraging conduct that would constitute a criminal offense, civil
liability, or otherwise violate any applicable law.
If
we are notified of any alleged content violation, we may investigate
this and decide in our sole discretion whether to remove that content
from our Web site. We may disclose any content or electronic communication
of any kind (i) to satisfy any law, regulation, or government request;
(ii) if such disclosure is necessary or appropriate to operate our Company;
and (iii) to protect the rights or property of our Company, its users,
or providers.
Azure
Small Business Solutions reserves the right to prohibit conduct, communication,
or content that we deem in our sole discretion to violate any law or
be harmful to the rights of any user, our Company, or any third party.
Provided, however, neither we nor our provider(s) can ensure the prompt
removal of questionable content after online posting. Accordingly, neither
our Company nor any of its officers, employees, or representatives shall
assume liability for any action or inaction taken with respect to removing
such material from our Web site.
Our
Web site shall be used only for personal uses consistent with our site's
operations. You shall not distribute or otherwise publish any commercial
material soliciting or promoting any goods or services. You specifically
acknowledge that soliciting any users of this Web site to become members
of any commercial online service or other organization is strictly prohibited.
By
uploading or submitting any materials to us, you automatically grant
and warrant that the content owner has expressly granted us a royalty-free,
irrevocable, nonexclusive right and license to use, publish, modify,
and distribute the content worldwide, including the right to use it
in other works in any form, media, or technology for the copyright term
of this content. Subject to this grant, the content owner retains any
and all rights which may exist in that content.
Any
advice, services, or offers that are expressed by you, or made available
by third parties, are those of the respective authors - and not of Azure
Small Business Solutions or any of our officers, employees, or representatives.
Neither Company nor any of its representatives guarantee the accuracy,
completeness, or appropriateness of any content, opinion, or advice,
nor its merchantability or fitness for any particular purpose. Under
no circumstances shall we be liable for any loss, damage, or harm caused
by a user's reliance on any information obtained through this Web site.
It is the responsibility of each user to independently evaluate the
information, advice, or other content found at this Web site.
5.
THIRD-PARTY SUBMISSIONS.
User
may upload to or distribute on our Web site only content that is not
subject to any copyright or other proprietary rights protection, or
content in which the author has given express authorization for Internet
distribution. Any content distributed with the consent of a copyright
owner should contain a phrase such as "Copyright, date, owned by
[name of owner]; used by permission." The unauthorized submission
or distribution of copyrighted or other proprietary content is illegal.
In
compliance with the Digital Millennium Copyright Act, users and other
persons can report any potential infringements and recommended corrections
to us, in care of legal@azuresbs.com.
We will address those concerns in accordance with that Act. Neither
our Company, its officers, nor representatives will be liable for any
damage resulting from any infringement of copyrights or proprietary
rights, or from any other harm that arises from user submissions.
6.
PRIVACY POLICY.
It
is the policy of Azure Small Business Solutions to respect the privacy
of our users. Our Privacy Policy is set forth at http://www.azuresbs.com/privacy.htm.
7.
LINKING FROM AND TO THIS WEB SITE.
To
the extent that this Web site has links from and to other Web sites,
we cannot endorse nor control their content, accuracy, compliance with
laws, or accessibility. If you decide to access these linked sites,
you do so at your own risk. Any concerns regarding such outside Internet
sites, or any link thereto, should be directed to that particular Web
site.
Any
link to our Web site is subject to our approval, conditions, and agreement,
as we may decide in our sole discretion. Additionally, any linking,
whether it is a hyperlink, use of spiders or robots, or whatever applicable
technology, of a commercial, competitive, or offensive nature is strictly
prohibited.
8.
TERMINATION OF USE.
Azure
Small Business Solutions reserves the right to refuse service, terminate
accounts, suspend activity, and/or cancel orders in its sole discretion,
including, without limitation, if we believe that any customer's conduct
violates applicable law, is harmful to another user's interest, or is
harmful to the Company's, a third-party's, or a service provider's interests.
9.
USE BY CHILDREN UNDER 13.
Azure
Small Business Solutions cannot prohibit minors from visiting our Web
site. We must rely on the supervision of the responsible parents, guardians,
and those responsible for supervising children under 13 to decide which
materials are appropriate for children to view and/or purchase.
We
require that all purchases/service agreements be made or entered into
either: (i) by individuals 13 years of age or older; or (ii) by minors
under 13 whose parents or other guardians will pay for the minor's purchases/services,
give verifiable permission for those purchases/services, and give verifiable
permission to us for the collection of certain information in accordance
with our privacy policy terms. Every time you purchase a product or
service from our Web site, you are representing to us that you understand
and meet these criteria.
10.
INDEMNITY.
You
agree to indemnify, hold harmless, and defend Azure Small Business Solutions,
our employees, officers, directors, agents, and providers from and against
all claims, actions, or demands, including reasonable legal fees and
court costs, resulting from any breach by you of these Terms of Use
or other liability.
11.
OTHER.
Any
legal dispute arising in connection with these Terms of Use shall be
first attempted to be settled by mediation. If that is not successful,
then the dispute shall be settled by arbitration to be held in Nashville,
Tennessee, in accordance with the rules of the American Arbitration
Association, and this agreement to arbitrate shall be specifically enforceable.
Any award shall be final and binding on all parties, and a final judgment
may be entered in the appropriate court of law. Notwithstanding this,
should any litigation ensue between the parties, then the prevailing
party shall be entitled to reasonable expenses and attorney fees as
set by the Court.
This
site is created and controlled by Azure Small Business Solutions in
the State of Tennessee, whose laws will govern these Terms of Use and
any legal controversy. You consent to submit to the exclusive jurisdiction
of the courts of the State of Tennessee and of the United States for
any litigation arising out of our Web site's use and operation, waive
any objection to this state on improper jurisdiction and/or venue grounds,
and agree not to argue that any such litigation brought there has been
brought in an inconvenient forum.
If
any provision of these Terms of Use shall be deemed unlawful, void,
or for any reason unenforceable by any court or competent jurisdiction,
then that provision shall be deemed severable from the rest of the provisions
and shall not affect the validity or enforceability of any of the remaining
ones.
YOU
AGREE TO BE BOUND BY THESE TERMS OF USE by your accessing, viewing,
and/or using our Web site.
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