SDK Hunter Private Business Opportunity Network
TERMS OF
USE, DISCLAIMER, PRIVACY POLICY
1.
ACCEPTANCE OF TERMS
SDK Hunter LLC, (referred to hereafter as "SDK") provides a
collection of online resources, including business strategies, classified ads,
information bulletins and other various business-related services, (referred to
hereafter as "the Service") subject to the following Terms of Use
("Terms").
By
using the Service in any way, you are agreeing to comply with the Terms. In
addition, when using any of these services, you agree to abide by any
applicable guidelines for all such services, which may change from time to
time. Should you object to any term or condition of the Terms, any guidelines,
or any subsequent modifications thereto or become dissatisfied with our
services in any way, your only recourse is to immediately discontinue use of
our services. SDK has the right, but is not obligated, to strictly enforce the
Terms through self-help, community moderation, active investigation, litigation and prosecution.
2.
MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise
alter these terms and conditions at any time. Such modifications shall become
effective immediately upon the posting thereof. You must review this agreement
on a regular basis to keep yourself apprised of any changes. You can find the
most recent version of the Terms at:
Private Business Opportunity Terms Of
Use
3.
CONTENT
You understand that all postings, messages, text, files, images, photos, video,
sounds, or other materials ("Content") posted on, transmitted
through, or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for each individual item ("Item") of Content that you
submit to, post to, email to or otherwise make available via the Service.
You
understand that SDK does not control, and is not
responsible for Content made available through the Service, and that by using
the Service, you may be exposed to Content that is inaccurate, misleading, or
otherwise objectionable. Furthermore, SDK sites and Content available through
the Service may contain links to other websites, which are completely
independent of the Service.
SDK
makes no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your
linking to any other webites is at your own risk. You
agree that you must evaluate, and bear all risks associated with, the use of
any Content, that you may not rely on said Content, and that under no
circumstances will SDK be liable in any way for any Content or for any loss or
damage of any kind incurred as a result of the use of
any Content submitted, posted, emailed or otherwise made available via the
Service. You acknowledge that SDK does not pre-screen or approve Content, but
that SDK shall have the right (but not the obligation) in its sole discretion
to refuse, delete or move any Content that is available via the Service, for
violating the letter or spirit of the Terms or for any other reason.
4. THIRD
PARTY CONTENT, SITES, AND SERVICES
The SDK site and Content available through the Service may contain features and
functionalities that may link you or provide you with access to third party
content which is completely independent of SDK, including web sites,
directories, servers, networks, systems, information and databases,
applications, software, programs, products or services, and the Internet as a
whole.
Your
interactions with organizations and/or individuals found on or through the
Service, including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations
and/or individuals. You should make whatever investigation you feel necessary
or appropriate before proceeding with any online or offline transaction with
any of these third parties.
You
agree that SDK shall not be responsible or liable for any loss or damage of any
sort incurred as the result of any such dealings. If there is a dispute between
participants on this site, or between users and any third party, you understand
and agree that SDK is under no obligation to become involved. In the event that you have a dispute with one or more other
users, you hereby release SDK, its officers, employees, agents and successors
in rights from claims, demands and damages (actual and consequential) of every
kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way related to such disputes and / or our service.
5.
PRIVACY AND INFORMATION DISCLOSURE
SDK has established a Privacy Policy to explain to users how their information
is collected and used, which is described below:
Our Privacy Policy: Although we distribute your
ad request throughout our business networks, we do not provide any inquirer
with your contact information either directly or indirectly. Our
procedure is conducted as follow:
1) In order for your ad to be considered as acceptable, it must not disclose
your identity, your company identity nor any other information that could
potentially enable someone to determine your identity, location
or actual contact information. As noted below, you should only describe your
business need(s), but do not expose any personal or company information in your
ad. If products or services are mentioned in your ad, do not use proper
names. Describe the products/services in generic terms only.
2) When inquirers show interest in your ad, our system will forward the
inquirers submitted information to you for evaluation. Unless you choose
to directly contact the inquirer yourself, the inquirer cannot contact you.
Your use of the SDK website or the Service signifies acknowledgement of and agreement to our Privacy Policy. You further
acknowledge and agree that SDK may, in its sole discretion, preserve or
disclose your Content, as well as your information, such as email addresses, IP
addresses, timestamps, and other user information, if required to do so by law
or in the good faith belief that such preservation or disclosure is reasonably
necessary to: comply with legal process; enforce the Terms; respond to claims
that any Content violates the rights of third-parties; respond to claims that
contact information (e.g. phone number, street address) of a third-party has
been posted or transmitted without their consent or as a form of harassment;
protect the rights, property, or personal safety of SDK, its users or the
general public.
Disclaimer: This private business
opportunity bulletin contain business-related
advertisements and is circulated within our business network as a service
only. We are not business brokers and do not provide any business broker
services, nor do we participate in any such activities. Contacts between
the parties who use this bulletin are fully controlled by the party who
submitted the ad. We make no claims regarding the worthiness or
suitability of any information submitted to the
bulletin. Our advice is that all parties seek out, obtain
and apply the advice of their chosen financial and legal advisors before
entering into any business transactions. We accept no liability for the
actions nor results arising out of the use of information contained within the
bulletin.
6.
CONDUCT
You agree not to submit, post, email, or otherwise make available Content:
a)that is unlawful, harmful, threatening, abusive, harassing, defamatory,
libelous, invasive of another's privacy, or is harmful to minors in any way;
b) that harasses, degrades, intimidates or is hateful toward an individual or
group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
c) that impersonates any person or entity, including, but not limited to, a SDK
employee, or falsely states or otherwise misrepresents your affiliation with a
person or entity (this provision does not apply to Content that constitutes
lawful non-deceptive parody of public figures.);
d) that includes personal or identifying information about another person
without that person's explicit consent;
e) that is false, deceptive, misleading, deceitful, or constitutes "bait
and switch";
f) that infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a right to
make available under any law or under contractual or fiduciary relationships;
g) that constitutes or contains "affiliate marketing," "link
referral code," "junk mail," "spam," "chain
letters," "pyramid schemes," or unsolicited commercial
advertisement.
7.
POSTING AGENTS
A "Posting Agent" is a third-party agent, service, or intermediary
that offers to post Content to the Service on behalf of others. To moderate
demands on SDK's resources, you may not use a Posting Agent to post Content to
the Service without express permission or license from SDK. Correspondingly,
Posting Agents are not permitted to post Content on behalf of others, to cause
Content to be so posted, or otherwise access the Service to facilitate posting
Content on behalf of others, except with express permission or license from
SDK.
8. NO
SPAM POLICY
Any unauthorized use of SDK's computer systems for sending unsolicited email
advertisements to SDK's email addresses or through SDK's computer systems is
expressly prohibited by these Terms and is a violation of these Terms and
certain federal and state laws, including without limitation the Computer Fraud
and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the
sender and his or her agents to civil and criminal penalties.
9. PAID
POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an
access fee permitting Content to be posted in a designated area. Each party
posting Content to the Service is responsible for said Content and compliance
with the Terms. All fees paid will be non-refundable in the
event that Content is removed from the Service for violating the Terms.
10.
LIMITATIONS ON SERVICE
You acknowledge that SDK may establish limits concerning use of the Service,
including the maximum number of days that Content will be retained by the
Service, the maximum number and size of postings, email messages, or other
Content that may be transmitted or stored by the Service, and the frequency
with which you may access the Service. You agree that SDK has no responsibility
or liability for the deletion or failure to store any Content maintained or
transmitted by the Service. You acknowledge that SDK reserves the right at any
time to modify or discontinue the Service (or any part thereof) with or without
notice, and that SDK shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the
Service.
11.
ACCESS TO THE SERVICE
SDK grants you a limited, revocable, nonexclusive license to access the Service
for your own personal use. This license does not include: (a) access to the
Service by Posting Agents; or (b) any collection, aggregation, copying,
duplication, display or derivative use of the Service nor any use of data mining,
robots, spiders, or similar data gathering and extraction tools for any purpose
unless expressly permitted by SDK. A limited exception to (b) is provided to
internet search engines and non-commercial public archives that use such tools
to gather information for the sole purpose of displaying hyperlinks to the
Service, provided they each do so from a stable IP address or range of IP
addresses using an easily identifiable agent and comply with our robots.txt
file.
Use of the Service beyond the scope of authorized access granted to you by SDK
immediately terminates said permission or license.
12.
TERMINATION OF SERVICE
You agree that SDK, in its sole discretion, has the right (but not the
obligation) to delete or deactivate your account, block your email or IP
address, or otherwise terminate your access to or use of the Service (or any
part thereof), immediately and without notice, and remove and discard any
Content within the Service, for any reason, including, without limitation, if
SDK believes that you have acted inconsistently with the letter or spirit of
the Terms. Further, you agree that SDK shall not be liable to you or any
third-party for any termination of your access to the Service. Further, you
agree not to attempt to use the Service after said termination. Sections 2,4,5
and 10-17 shall survive termination of the Terms.
13.
PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and
international treaties. Content displayed on or through the Service is protected
by copyright as a collective work and/or compilation, pursuant to copyrights
laws, and international conventions. Any reproduction, modification, creation
of derivative works from or redistribution of the site or the collective work,
and/or copying or reproducing the sites or any portion thereof to any other
server or location for further reproduction or redistribution is prohibited
without the express written consent of SDK. You further agree not to reproduce,
duplicate or copy Content from the Service without the
express written consent of SDK, and agree to abide by any and all copyright
notices displayed on the Service. You may not decompile or disassemble, reverse
engineer or otherwise attempt to discover any source
code contained in the Service. Without limiting the foregoing, you agree not to
reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service.
Although
SDK does not claim ownership of content that its users post, by posting Content
to any public area of the Service, you automatically grant, and you represent
and warrant that you have the right to grant, to SDK an irrevocable, perpetual,
non-exclusive, fully paid, worldwide license to use, copy, perform, display,
and distribute said Content and to prepare derivative works of, or incorporate
into other works, said Content, and to grant and authorize sublicenses (through
multiple tiers) of the foregoing. Furthermore, by posting Content to any public
area of the Service, you automatically grant SDK all rights necessary to
prohibit any subsequent aggregation, display, copying, duplication,
reproduction, or exploitation of the Content on the Service by any party for
any purpose.
14.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF THE SDK SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN
RISK. THE SDK SITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR
"AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS
AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY
LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SDK DISCLAIMS ANY WARRANTIES FOR
THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SDK
SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, SDK DISCLAIMS ANY
WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE
SDK SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH
ANY LINKS ON THE SDK SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, SDK
DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION
WITH THE SDK SITE OR THE SERVICE.
Some
jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions,
some of the foregoing disclaimers may not apply to you insofar as they relate
to implied warranties.
15.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SDK BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF SDK HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE
SDK SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE
SDK SITE OR THE SERVICE, FROM INABILITY TO USE THE SDK SITE OR THE SERVICE, OR
THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE
SDK SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO
DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE SDK SITE OR THE SERVICE OR ANY LINKS ON THE
SDK SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR
ADVERTISED IN CONNECTION WITH THE SDK SITE OR THE SERVICE OR ANY LINKS ON THE
SDK SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
In
some jurisdictions, limitations of liability are not permitted. In such
jurisdictions, some of the foregoing limitation may not apply to you.
16.
INDEMNITY
You agree to indemnify and hold SDK, its officers, subsidiaries, affiliates,
successors, assigns, directors, officers, agents, service providers, suppliers
and employees, harmless from any claim or demand, including reasonable attorney
fees and court costs, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use of the
Service, your violation of the Terms, your breach of any of the representations
and warranties herein, or your violation of any rights of another.
17.
GENERAL INFORMATION
The Terms constitute the entire agreement between you and SDK and govern your
use of the Service, superceding any prior agreements
between you and SDK. The Terms and the relationship between you and SDK shall
be governed by the laws of the State of Oregon without regard to its conflict
of law provisions. You and SDK agree to submit to the personal and exclusive
jurisdiction of the courts located within the county of Multnomah, Oregon. The
failure of SDK to exercise or enforce any right or provision of the Terms shall
not constitute a waiver of such right or provision. If any provision of the
Terms is found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to the
parties' intentions as reflected in the provision, and the other provisions of
the Terms remain in full force and effect. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Service or the Terms must be
filed within one (1) year after such claim or cause of action arose or be
forever barred.