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WEB SITE TERMS

(1) CBG LEGAL NOTICES AND GENERAL TERMS AND CONDITIONS OF USE

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE (“GENERAL TERMS AND CONDITIONS”) CAREFULLY. BY USING THE CORPORATE BUYERS GUIDE (“CBG”) WEBSITE (THE “CBG WEB SITE”), YOU INDICATE YOUR ACCEPTANCE OF THESE GENERAL TERMS AND CONDITIONS.


Change to General Terms and Conditions.

THE CBG WEB SITE AND THESE GENERAL TERMS AND CONDITIONS ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE. YOUR USE OF THE CBG WEB SITE AFTER THE POSTING OF ANY AMENDMENTS OR MODIFICATIONS TO THESE GENERAL TERMS AND CONDITIONS CONSTITUTES YOUR ACKNOWLEDGMENT OF SUCH AMENDMENTS AND MODIFICATIONS AND YOUR AGREEMENT TO ABIDE, AND BE BOUND, BY THESE GENERAL TERMS AND CONDITIONS AS SO AMENDED AND MODIFIED. IF YOU DO NOT ACCEPT THE GENERAL TERMS AND CONDITIONS AS THE GENERAL TERMS AND CONDITIONS EXIST ON THE DATE OF YOUR USE OF THE CBG WEB SITE, THEN DO NOT USE THIS CBG WEB SITE.

Intellectual Property Rights.

Unless otherwise indicated, you should assume that all documents, information, content and materials, including without limitation, text, taxonomy, graphics, icons, logos, buttons, images, audio clips, digital downloads, video and data compilations, on the CBG Web Site (“CBG Content”) is protected by copyright and trademark law, international treaties and other intellectual property rights and is owned, controlled or licensed by CBG or its licensors or the party credited as the provider of the CBG Content and may not be used except as permitted in these General Terms and Conditions or in the text of the CBG Web Site. Reproduction or storage of documents or information available at the CBG Web Site is subject to the U.S. Copyright Act of 1976, Title 17 U.S.C. and other international copyright laws. The CBG logo and CBG™ are trademarks of Corporate Buyers Guide, Inc. in the United States and other countries. CBG trademarks may not be used in connection with any product or service that is not a CBG product or service. All other company names, logos, and trademarks mentioned herein are the property of their respective owners.

The CBG Web Site operates using certain CBG proprietary software (“CBG Software”) (together, the CBG Content and the CBG Software shall be referred to as the “CBG Product”), including the CBG method and apparatus for providing comparative product information of related products (“CBG Search Engine”) and the CBG Software is owned, controlled or licensed by CBG and its licensors and may not be used except as permitted in these General Terms and Conditions or in the text of the CBG Web Site. All CBG Software is subject to U.S. and international copyright law and the CBG Search Engine is protected under one or more patents and/or patent application(s). You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code or methodology from the CBG Software, including the CBG Search Engine.

Nothing herein shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use the CBG Product except as expressly provided herein or by obtaining the written permission of CBG or such other third party owner, as applicable. Any use of the CBG Product not expressly permitted by these General Terms and Conditions is a breach of these General Terms and Conditions and may violate copyright, trademark or other laws.

General Use Restrictions

CBG grants you a limited, personal, non-exclusive and non-transferable license to use the CBG Search Engine and view, download, print, use, display and make a reasonable number of copies of the CBG Content on the CBG Website for your own personal, informational, non-commercial use associated with your interaction with this CBG Web Site (“License”); provided that (i) you do not modify the CBG Content, (ii) any copies that you may make must be marked “Copyright Corporate Buyers Guide. All rights reserved”; and (iii) you retain all copyright and propriety notices originally contained in the CBG Content on any copies. For the avoidance of doubt, your right to the License of the CBG Product as described herein is personal to you and, except as stated herein, you have no right to distribute any of the materials in any manner, and no right of Resale, Sub-license or Commercial Use of all or any portion of the CBG Product. You may be either an individual or a corporation or business entity, but you agree not to resell or sub-license the CBG Product as described herein, any downloadable CBG Content or any information obtained by you without the express written consent of CBG. This limited License terminates automatically, without notice to you, if you breach any of these General Terms and Conditions. Upon termination, you must immediately destroy any downloaded and printed CBG Content and any copies that you have made of the same or any portion of the same. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the CBG Web Site or any CBG Content and you agree not to "frame" or "mirror" the CBG Web Site, any CBG Content contained on or accessible from this CBG Web Site on any other server or Internet-based device without the advanced written authorization of CBG. Nothing herein shall be construed as granting any license or right to use any CBG Content contained on this CBG Web Site or any CBG Software except as expressly provided herein.

Enforcement of Intellectual Property Rights.

You acknowledge that CBG will aggressively enforce its intellectual property rights as stated herein to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution.

Third Party Interaction and Links to Third Party Sites

In your use of the CBG Web Site, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of companies listed on the CBG Web Site. Unless otherwise stated, any such correspondence, advertisement, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that CBG has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.

Third-Party Links.

This CBG Web Site may be linked to other sites on the World Wide Web that are not under the control of or maintained by CBG. Such links do not constitute an endorsement by CBG of any such sites. You acknowledge that CBG is providing these links to you solely as a convenience to you, and you agree that CBG is not responsible for the content or links displayed on such sites to which you may be linked. CBG does not endorse or make any representations about these websites, or any information, materials, or products found thereon. If you access any of the third-party websites linked on this CBG Web Site, you do so at your own risk.

Third-Party Materials on the CBG Web Site.

This CBG Web Site may contain materials submitted by third-parties. Any such materials are provided solely as a convenience to you. CBG has not tested or evaluated these materials and does not endorse or make any representations about these materials or your use thereof. If you use any of the third-party materials, you do so at your own risk. In no event shall CBG be liable for any loss, claim, damages, or costs that may arise in connection with your use of these materials.

Inaccuracies on the CBG Web Site.

Your use of the CBG Product is at your own risk. The CBG Product may include inaccuracies or errors that may affect the quality of the information provided on the CBG Web Site and a possibility exists that unauthorized additions, deletions and alterations have been made to the CBG Web Site by unauthorized third-parties. The information has not been independently verified or authenticated in whole or in part by CBG. Although CBG attempts to ensure the integrity of the CBG Web Site, it makes no guarantees whatsoever as to the completeness, correctness or accuracy of the CBG Web Site. More specifically, CBG does not warrant the accuracy or timeliness of the CBG Content and CBG has no liability for any errors or omissions in the information provided. Furthermore, the prices and availability of products on this site may change without notice to you at any time. In the event that such an inaccuracy arises, please inform us so that it may be corrected.

No Warranty.

THIS CBG WEB SITE, INCLUDING ANY CBG CONTENT CONTAINED WITHIN IT, ANY CBG WEB SITE RELATED SERVICE AND ANY THIRD-PARTY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE CBG WEB SITE, IS PROVIDED TO YOU ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY. CBG MAKES NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH THE CBG WEB SITE INCLUDING BUT NOT LIMITED TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY, TIMELINESS, RELIABILITY OR COMPLETENESS OF ANY MATERIAL, INFORMATION, PRODUCT, OR SERVICE CONTAINED ON THE CBG WEB SITE NOR DOES CBG MAKE ANY REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THIS CBG WEB SITE OR THE CBG CONTENT ON THIS CBG WEB SITE IS UNINTERRUPTED, ERROR FREE OR SECURE. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED. THE USE OF THE CBG WEB SITE, INCLUDING ANY CBG CONTENT CONTAINED WITHIN IT, IS AT YOUR OWN RISK.

Limitation of Liability.

CBG WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING FROM OR CONNECTED WITH THE CBG WEB SITE, INCLUDING BUT NOT LIMITED TO, MALFUNCTIONS, DELAYS, LOSS OF DATA, INTERRUPTION OF SERVICE OR LOSS OF BUSINESS, PROFITS OR ANTICIPATORY PROFITS ARISING OUT OF YOUR USE OF THIS CBG WEB SITE, YOUR INABILITY TO USE THE CBG WEB SITE OR THE RESULTS OF USE OF THIS CBG WEB SITE OR ANY WEB SITES LINKED TO THIS CBG WEB SITE OR THE CBG CONTENT CONTAINED ON THE CBG WEB SITE, EVEN IF CBG HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY OF ANY KIND. CBG, ITS LICENSORS, ITS SUPPLIERS OR ANY OTHER THIRD PARTY MENTIONED ON THIS CBG WEB SITE SHALL BE LIABLE TO YOU ONLY TO THE EXTENT OF THE ACTUAL DAMAGES INCURRED BY YOU NOT TO EXCEED US $500.00. FURTHER, ANY CLAIMS ARISING IN CONNECTION WITH YOUR USE OF THE CBG WEB SITE, INCLUDING ANY CBG CONTENT WITHIN THIS CBG WEB SITE, MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED. REMEDIES UNDER THESE GENERAL TERMS AND CONDITIONS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED IN THESE GENERAL TERMS AND CONDITIONS.

Indemnity.

You agree to defend, indemnify, and hold CBG, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these General Terms and Conditions or any claim or demand from a third party that your use of the CBG Web Site (or the use of the CBG Web Site by any person using your user name and/or password) violates any applicable law or regulation, or the rights of any third party.

Local Laws; Export Control; Applicable Law; Venue.

By entering this CBG Web site, you acknowledge and agree that CBG controls and operates this CBG Web Site from its headquarters in the United States of America and that this CBG Web site is intended for viewing in the United States and CBG makes no representation that the materials are appropriate or will be available for use in other locations outside of the United States. Unless otherwise explicitly stated, all marketing or promotional materials found on this Site are solely directed to individuals, companies or other entities located in the United States. If you use this Site from outside the United States of America, you are entirely responsible for compliance with applicable local laws. You may not use this CBG Web Site in violation of United States export laws and regulations. Any action related to these Terms will be governed by the laws of the Commonwealth of Pennsylvania, without regard to the choice or conflicts of law provisions of any jurisdiction. You agree to submit to the jurisdiction of the federal and state courts located in the Commonwealth of Pennsylvania for the resolution of all disputes arising from or related to these General Terms and Conditions and/or your use of the CBG Web Site.

Password and Security.


As part of the registration process, you will use your email address as your user name and you will be assigned a unique password for access to your account and to your designated computers. You agree to carefully control the dissemination and use of activation codes and passwords and authorize, monitor, and control access to and use of your CBG account and password. You are solely responsible if you do not maintain the confidentiality of your password and account information. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify CBG of any unauthorized use of your account or any other breach of security known to you, including if you believe that its password or account information has been stolen or otherwise compromised.

Privacy and Security Policy.

Please review CBG’s Privacy and Security Policy, which governs your visit to the CBG Web Site in order to understand our practices.

User Submissions.

Other than your User Information (as defined in the Privacy and Security Policy), any material you transmit or post to this CBG Web Site will be treated as non-confidential. CBG is free to use and distribute such material with no restrictions.

Unauthorized Activities

Submissions and unauthorized use of any materials contained on this CBG Web Site may violate copyright laws, trademark laws, the laws of privacy and publicity, certain communications statutes and regulations and other applicable laws and regulations. You alone are responsible for your actions or the actions of any person using your user name and/or password.

Subscription Fees, Payments, and Renewals

Your subscription will continue and renew automatically unless terminated by CBG or until you notify CBG of your decision to change your subscription renewal. If there are any annual, monthly or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the subscription registration process at the start of the subscription period and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your subscription at the rates in effect when the charges were incurred. CBG may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your user name and password will be billed to the credit card designated during the subscription registration process. As a condition to your right to use the CBG service, you must provide us with a valid credit card number belonging to you with available credit sufficient to pay the applicable subscription fees. In the event that you cancel this credit card or it is otherwise terminated, you must immediately provide us with a new valid credit card number. You authorize CBG, from time to time, to undertake steps to determine whether the credit card number you have provided to us is a valid credit card number. In the event that you do not provide us with a current valid credit card number with sufficient credit upon request during the effective period of this subscription agreement, you will be in violation of this agreement, and we may terminate this agreement with you. In the event that you provide us with a debit card number instead of a credit card number, you authorize us to make all charges described in this agreement to your debit card account. Your CBG subscription will be automatically renewed unless you change your selected subscription option prior to the end of your current subscription period. We will bill the subscription fee to the credit card you provided to us during registration (or to a different credit card if you make a change to your account information).

Children’s Privacy.

We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Dispute Resolution.

CBG intends to resolve any and all disputes that may arise between it and its participants in a cost-effective and non-disruptive manner, preferably without the time and expense of litigation. Toward this end, you agree to the following dispute resolution procedure. If you are unable to resolve any dispute in the ordinary course of business, you shall send a written notice to CBG in which you outline the issues in dispute, enclose any relevant documents and state the requested relief. CBG shall respond within ten (10) business days with identical information from its or their perspective. You and a representative of CBG shall meet or communicate electronically within ten (10) business days of the delivery of the response(s), and as often as you and CBG deem necessary or desirable thereafter, in an attempt to resolve the matter. If, within sixty (60) days of the first communication, you and CBG fail to resolve the matter, you shall then proceed to litigation in the forum described in these General Terms and Conditions.

Survival

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Change to General Terms and Conditions, Intellectual Property Rights, General Use Restrictions, Inaccuracies on the CBG Web Site, No Warranty, Limitation of Liability, Indemnity, Local Laws; Export Control; Applicable Law; Venue, Privacy and Security Policy, User Submissions and Complete Agreement.

COMPLETE AGREEMENT.

Except as expressly provided in a particular "legal notice" on the CBG Web Site, these General Terms and Conditions and the CBG Privacy and Security Policy constitute the entire agreement between you and CBG with respect to the use of the CBG Web Site, and CBG Content.

Thank you for your cooperation. We hope you find the CBG Web Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted to sales@corporatebuyersguide.com or to help@corporatebuyersguide.com. We try to answer every email in a timely manner but are not always able to do so.

(2) CBG PRIVACY AND SECURITY POLICY

Your privacy on the Internet is important to us at Corporate Buyers Guide (CBG). CBG is committed to tailoring content to match our user's individual needs, but we also recognize the importance of protecting the personally identifiable information we may collect about you, our members. CBG has developed this privacy policy in an attempt to balance our legitimate business interests in collecting and using information with your reasonable expectations of privacy for your personal information provided to us when visiting our website and/or subscribing to our service. Please review the entire policy and feel free to contact us if you have any questions. This policy may change from time to time so please check back periodically so you are familiar with our current privacy policy.

CBG’s Collection of User Information:

CBG’s customers are primarily businesses, not individuals. CBG collects user information (“User Information”) in various ways, including (i) personal information (e.g. name, e-mail address, mailing address, industry, occupation) that you supply when subscribing to membership of our service through our web sites ("personally identifying information") and other information that you provide when you request information from CBG], and (ii) preference tracking information from our use of "cookies" and other aggregate activity logging.

A cookie is a small amount of data that is sent to your browser from a web server and is stored on your computer's hard drive. Cookies allow you to enter your password less frequently during an online session. We may use a separate cookie to track each site's aggregated page views, which tells us which features are most interesting to our members. Our cookies do not store personally identifying information about you. Since cookies are now used as industry standard, most web browsers automatically accept cookies, but you can usually change your browser to decline cookies. Our web sites log IP addresses and browser types (primarily for systems administration purposes), but we do not match IP addresses to any personally identifiable information. This means that your session will be tracked, but you can remain anonymous in the public areas of our sites. You can browse those areas of our sites without entering any personal information and therefore remain anonymous during your visit. CBG’s web site contains links to other web sites. We encourage you to visit those web sites to learn more about their online privacy as they may differ from this privacy policy. CBG does not control the privacy policies of other sites to which we may provide hyperlinks.

To the extent that any personal contact information is collected, we use this contact information for business purposes, such as responding to requests for information about CBG and products and services, providing access to certain products and services, and for registration to CBG.

By submitting your information to us and by using the CBG Web Site, you are consenting to our use of your data as described herein and are consenting to the General Terms and Conditions. If you do not consent, you should not register with CBG and you should not use the CBG Web Site.

Use of User Information Collected:

The User Information that we collect may be added to our databases and used for future communications regarding site updates, new products and services, and status of membership subscriptions placed online. The User Information that we collect from cookies and browser identification provides demographic data about our members in the aggregate that we use to improve our service and tailor our offerings. Personal data included in User Information may also be used for marketing and promotional purposes for a statistical analysis of users' behavior, for product development, for content improvement, or to customize the content and layout of our site.

In addition, we will, on occasion, send emails to visitors about our services or third-party products when you have expressed an interest in them. If you do not want to receive email or other mail from us, either choose to “Opt Out” and remove yourself from continued receipt of e-mail messages or send an email to us at sales@corporatebuyersguide.com.

Our policy is not to share User Information with third parties other than as specified under the heading “When do we Share User Information with Third-Parties?” unless required by law, or unless you explicitly request us to share your User Information with a third-party. We recognize that your User Information is valuable and we take all reasonable measures to protect your User Information while it is in our care and will use it only as we set forth in this policy.

When do we Share User Information with Third-Parties?

We may share your User Information with third-parties under the following circumstances:

(a) Affiliated Business We Do Not Control

We work closely with certain business partners. If you fill out forms, we may provide your information to our business partners so that they can provide service to you. We do stipulate to our business partners that they may not pass your information to other entities.

(b) Business Transfers

As we continue to develop our business, we might sell or buy assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the unlikely event that CBG or substantially all of its assets are acquired, visitor and customer information will of course be one of the transferred assets.

(c) Protection of CBG and Others

We release visitor and customer information when we believe release is appropriate to comply with the law; enforce or apply our General Terms and Conditions and other agreements; or to protect the rights, property, or safety of CBG, our users, or others. This includes exchanging information with other companies and organizations for fraud protection.

By submitting your information to us, you are consenting to the uses we describe above. If you do not consent to these uses, we suggest you opt out where available, activate blocking technology if available in your browser, choose not to submit your data to us where we request it from you or otherwise choose not to use this CBG Web Site.

What websites does this Privacy and Security Policy apply to?

This Privacy and Security Policy applies to www.corporatebuyersguide.com only. There are links on this CBG Web Site to other websites and this privacy policy does not apply to any other website that has a link on our CBG Web Site. If you click on a link and leave our CBG Web Site, you should check the privacy and/or security policy of that website.

How Secure is the User Information?

The importance of security for all User Information associated with our visitors and customers is of utmost concern to us. We exercise reasonable care in providing secure transmission of your information from your PC to our servers and ensuring the security of your information on our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we take steps to protect your information, CBG can't ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so entirely at your own risk.

What Choices Do I Have?

You can choose not to provide your User Information to us or you may choose to not fill out any forms on the CBG Web Site.

Should you receive an unwanted email or direct mail piece from CBG, you have the option to “Opt Out” of future emails or send an email to CBG as described under “Use of User Information Collected” to be removed from future direct mailings.

How Can I Access and Update My User Information?

Customers who have provided contact information may e-mail CBG at sales@corporatebuyersguide.com to update their contact information.

Conditions of Use, Notices, and Revisions

If you choose to visit any part of the CBG Web Site, your visit and any dispute over privacy is subject to this notice (“Privacy Notice”) and our General Terms and Conditions, including disclaimers of warranties and application of the law of the Commonwealth of Pennsylvania.

If you have any concern about privacy at CBG, please send us a thorough description and we will try to resolve it pursuant to the dispute resolution provision of the General Terms and Conditions. You can send an email to sales@corporatebuyersguide.com or to
help@corporatebuyersguide.com or for written inquiries, address them to:
Corporate Buyers Guide, Inc.
103 Rotary Drive
West Hazleton, PA 18202


Please remember to include your postal address, email address and phone number with your correspondence.

This Privacy Notice and the General Terms and Conditions may change without notice, and use of information that we gather now is subject to the Privacy Notice in effect at the time of use. If you have concerns, please check this Privacy and Security policy and the General Terms and Conditions before submitting information to the CBG Web Site.

NOTICE AND TAKE DOWN PROCEDURES; AND COPYRIGHT AGENT:
If you believe any materials accessible on or from the CBG Web Site infringe your copyright, you may request removal of those materials (or access thereto) from this CBG Web Site by contacting CBG’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

CBG's agent for copyright issues relating to this web site is as follows:

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196



 


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