Terms of Service

IMPORTANT: You Must Read and Agree to Our Terms of Service and Privacy Policy to Use This Website. If You Do Not Agree, You Must Not Use this Website.

IMPORTANT! THESE TERMS OF SERVICE (“TOS”) GOVERN YOUR (“YOU”) USE OF WWW.EBIZMARKETINGSERVICES.COM AND WWW.EBIZ-MARKETING-COACH.COM (COLLECTIVELY, THE “SITE”), WHICH IS PROVIDED BY PAUL FRANKENBERG ENTERPRISES ("PFE"). BY ACCESSING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO THESE TOS AND OUR PRIVACY POLICY [http://www.ebiz-marketing-coach.com/privacy-policy.html].

IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR TO OUR PRIVACY POLICY, PLEASE DO NOT USE THE SITE OR ANY SERVICES OFFERED AT THE SITE.

Children’s Privacy

This Site is not intended for use by children under 13 years of age. YOU MUST BE EIGHTEEN (18) YEARS OR OLDER TO ACCESS THE SITE. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, YOU ARE NOT PERMITTED TO ACCESS THIS SITE FOR ANY REASON.

Registration

To access this Site or use certain features of the Site, You will have to provide certain information and create a member or affiliate account (as applicable, an “Account”). Any information You provide is subject to our Privacy Policy [http://www.ebiz-marketing-coach.com/privacy-policy.html]. In addition, in order to create an Account, You must read, understand and agree to the terms and conditions of our Affiliate Agreement [http://www.ebiz-marketing-coach.com/affiliate-agreement.html]. It is a condition of Your use of the Site that all the information You provide is correct, current, and complete. If PFE believes the information You provide is not correct, current, or complete, PFE has the right to refuse You access to the Site or any of its resources, and to terminate or suspend Your access at any time, without notice.

Proprietary Information

The material and content (hereinafter referred to as the “Content”) accessible from the Site, and any other World Wide Site owned, operated, licensed, or controlled by PFE is the proprietary information of PFE or the party that provided the Content to PFE (“Owner”), and PFE or the Owner retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of PFE, or unless authorized in writing elsewhere on our site, except that You may print out a copy of the Content solely for Your personal use. In doing so, You may not remove or alter, or cause to be removed or altered, any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content. Modification or use of the Content except as expressly provided in these TOS violates PFE's intellectual property rights. Except as expressly provided herein, nothing on the Site shall be construed as conferring any license under PFE’s and/or its Owner’s intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, PFE may revoke any of the foregoing rights and/or Your access to the Site, or any part thereof, including the blocking of Your IP Address, at any time without prior notice.

Restrictions On Use

You may use the Site for purposes expressly permitted by the Site. You may not use the Site for any other purpose, including any commercial purpose, without the express prior written consent of PFE. For example, You may not (and may not authorize any other party to) (i) co-brand the Site, or (ii) frame the Site, (iii) hyper-link to the Site, (iv) use any tradename, trademark, or brand name of PFE in metatags, keywords and/or hidden text, (v) copy, distribute, modify, transmit, perform, reuse, re-post, or otherwise display the Content, in whole or in part, or modify, translate, alter or create any derivative works thereof, except as permitted above, (vi) use the Site, the Content, and/or any portion thereof, in any manner that may give a false or misleading impression, attribution or statement as to PFE, the Owner, or any third party referenced therein, or (vii) use the Content, and/or any services and products on the Site or accessible via the Site for unlawful purposes, including, without limitation, for use in connection with any unlawful telemarketing campaign or practice. For purposes of these TOS, "co-branding" means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site or content accessible within the Site. You agree to cooperate with PFE in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.

Hyper-Links

The Site may be hyper-linked to other sites which are not maintained by, or related to, PFE. Hyper-links to such sites are provided as a convenience to users and are not sponsored by or affiliated with the Site or PFE. PFE has not reviewed any or all of such sites and is not responsible for the content of those sites. Hyper-links are to be accessed at the user's own risk, and PFE makes no representations or warranties about the content, completeness or accuracy of these hyper-links or the sites hyper-linked to the Site. Further, the inclusion of any hyper-link to a third-party site does not necessarily imply endorsement by PFE of that site. The privacy policies and practices of any such sites are beyond the control of PFE and You should carefully review such site’s privacy policies before providing any information.

Submissions

You hereby grant to PFE a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to PFE through the Site (together, hereinafter known as the "Submission"), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. PFE will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future operations or publications of PFE.

You may not post, send, submit, publish, or transmit in connection with the Site any Submission that:

1. you do not have the right to post, including proprietary material of any third party;

2. advocates illegal activity or discusses an intent to commit an illegal act;

3. is vulgar, obscene, pornographic, or indecent;

4. does not pertain directly to the Site;

5. threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive;

6. seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;

7. infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity;

8. violates any law or may be considered to violate any law;

9. impersonates or misrepresents Your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content;

10. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on the Site;

11. solicits funds, advertisers or sponsors;

12. includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications;

13. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via the Site;

14. includes MP3 format files;

15. amounts to a 'pyramid' or similar scheme;

16. disobeys any policy or regulations established from time to time regarding use of the Site or any networks connected to the Site; or

17. contains hyper-links to other sites that contain content;

18. Constitutes an endorsement, review or promotion of any product or service, including those offered by PFE, in which you have an interest, with which you have any material connection, or from which you receive any direct benefit unless you fully and conspicuously disclose such interest, benefit or connection as part of such endorsement, review or promotion;

19. that falls within the descriptions set forth above.

Although under no obligation to do so, PFE reserves the right to monitor use of the Site to determine compliance with these TOS, as well the right to remove or refuse any information for any reason. Notwithstanding these rights, You remain the sole owner of Your Submissions and PFE stores, transmits, or displays such Submission on its servers and networks and via its Site solely at Your direction. You acknowledge and agree that neither PFE nor any third party that provides Content to PFE will assume or have any liability for any action or inaction by PFE or such third party with respect to any Submission.

Digital Millennium Copyright Act

PFE is committed to respecting and protecting the legal rights of copyright owners. As such, PFE adheres to the following notice and take down policy, in full compliance with Section 512(c)(3) of the DMCA (17 U.S.C. § 512 et seq.). If You believe any Submission or Content infringes upon Your intellectual property rights, please submit a notification alleging such infringement (hereafter a “DMCA Takedown Notice”). To be valid, a DMCA Takedown Notice must (i) be provided to PFE’s designated agent, (“Copyright Agent”), as set forth below, and (ii) include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;

3. Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail;

5. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

6. A statement that, under penalty of perjury, the information in the notification is accurate and You are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

PFE’s Copyright Agent to receive DMCA Takedown Notices is: paul@ebiz-marketing-coach.com. For clarity, only DMCA Takedown Notices should go to the Copyright Agent; any other feedback, comments, online purchases or other communications should be directed to the applicable customer service links posted on the Site. You acknowledge that in order for PFE to be authorized to takedown any Content, Your DMCA Takedown Notice must comply with all of the requirements of this Section.

Privacy Policy

PFE will treat any personal information that You submit through the Site in accordance with its Privacy Policy, which is incorporated herein by reference and made a part of these TOS.

No Archive

Notwithstanding anything contained herein, the functionality provided to You by the Site and our systems, networks and servers are not an archive and PFE shall have no liability to You or any other person for loss, damage, or destruction of any Submission or any other information submitted to or via the Site. You shall be solely responsible for maintaining independent archival and backup copies of any Submission and for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. PFE does not assume any responsibility or risk for Your use of the Internet.

Disclaimer

YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. PFE DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. PFE DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PFE DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND PFE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME. YOU, AND NOT PFE, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THE SITE OR ITS CONTENT. PFE MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN PFE HEREBY GRANTS THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY SUCH APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PFE, ITS EMPLOYEES, AGENTS, SUPPLIERS OR ANY OTHER PERSONS SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION. THE INFORMATION PROVIDED ON THE SITE IS FOR CONVENIENCE ONLY AND PFE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SUBMISSIONS OR ANY HYPERLINKED SITE AND PFE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED NO ASSURANCES FROM PFE THAT YOU WILL OBTAIN ANY PARTICULAR AMOUNT OF EARNINGS AS A RESULT OF THE PROGRAMS DESCRIBED IN THIS SITE OR THAT YOU WILL RECOUP ANY EXPENDITURES INCURRED BY YOU.

Limitation On Liability

YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER PFE, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF PFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY EVEN IF PFE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE SITE OR ITS TOS OR PRIVACY POLICY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE SITE AND ITS SERVICES. YOU HEREBY WAIVE ANY AND ALL CLAIMS AGAINST PFE AND ITS AFFILIATES, AGENTS, REPRESENTATIVES AND LICENSORS ARISING OUT OF YOUR USE OF THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PFE AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO PFE FOR THE APPLICABLE CONTENT, PRODUCT OR SERVICE OUT OF WHICH LIABILITY AROSE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

Indemnity

You will indemnify and hold PFE, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the "Indemnified Parties") harmless from: (i) any breach of these TOS by You, (ii) any use of Content other than as expressly authorized in these TOS, (iii) Your use of the services made available via the Site; (iv) any Submission posted or transmitted by You; (v) Your acts and omissions, and (vi) Your negligence, intentional misconduct or violation or alleged violation of any rights of a third-party. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and You agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney's fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of Your use of the information accessed from the Site. PFE reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You hereunder, and in such event, You will have no further obligation to provide indemnification for such matter; provided, however, that You will use best efforts to cooperate with PFE in such defense. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of PFE or any of PFE’s third party suppliers of Content, and its and their affiliates, partners, subsidiaries and employees.

Trademarks

The www,ebiz-marketing-coach.com and www.ebizmarketingservices.com URLs, and all other trademarks, service marks, and logos appearing in the Site are the property of PFE or the party that provided the trademarks, service marks, and logos to PFE. PFE and any party that provided trademarks, service marks, and logos to PFE retain all rights with respect to any of their respective trademarks, service marks, and logos appearing in the Site.

Security

Any passwords used for the Site are for individual use only. You will be responsible for the security of Your password (if any). PFE will be entitled to monitor Your password and, at its discretion, require You to change it. If You use a password that PFE considers insecure, PFE will be entitled to require the password to be changed and/or terminate Your account. PLEASE NOTE THAT WHILE PFE IS NOT RESPONSIBLE FOR ANY ACTIVITY THAT TAKES PLACE USING YOUR PASSWORD YOU ARE RESPONSIBLE FOR ANY AND ALL DAMAGES THAT RESULT FROM USE OF YOUR PASSWORD.

You are prohibited from using any services or facilities provided in connection with the Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If You become involved in any violation of system security, PFE reserves the right to release Your details to system administrators at other sites in order to assist them in resolving security incidents. PFE reserves the right to investigate suspected violations of these TOS.

PFE reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing PFE to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these TOS.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS PFE FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PFE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PFE OR LAW ENFORCEMENT AUTHORITIES.

United States Only

By using the Site, You agree and acknowledge that the Site is hosted in the United States. If You are attempting to access the Site from a physical location within the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through Your continued use of this Site, which is governed by U.S. law, this TOS, and the PFE Privacy Policy, You are transferring Your personal information to the United States and You consent to (i) such transfer, (ii) the application of the laws of the United States and/or the State of Tennessee with respect to any dispute arising from or related to the Privacy Policy and/or Your use of the Site, other than such rules, regulations, case law, and/or international treaties that would result in the application of the laws of a jurisdiction other than the United States or the State of Tennessee, and (iii) the exclusive jurisdiction of the courts of the United States and the State of Tennessee. Any claim or dispute between You and PFE that arises in whole or in part from Your use of the Site or in connection with the Privacy Policy shall be decided exclusively by a court of competent jurisdiction located in Chattanooga, Tennessee, U.S.A. Each party hereby agrees that such court shall have in personam jurisdiction and venue with respect to such party, and each party hereby submits to the in personam jurisdiction and venue of such courts and waives any objection based on inconvenient forum.

Terms of Service Changes

From time to time, PFE may revise these TOS. To help You stay current of any changes, PFE takes the following two steps: (i) we note the date the TOS was last updated at the top of this page and (ii) when we make a change to these TOS, we will post conspicuous announcements of such changes on the homepage of the Site for 30 days following the date the TOS was updated. Your use of the Site following the posting of any revised TOS shall be deemed acceptance of the revised TOS. We strongly recommend checking TOS periodically. We may also, at our sole discretion and with no obligation to do so, provide notices and other communications to You by email or by postings within Your Account. You will be solely responsible for keeping Your email addresses updated and PFE will not be responsible for any undelivered notices caused by Your failure to do so.

Miscellaneous

If any part of these TOS is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. PFE’s failure to enforce any provision of the TOS shall not be deemed a waiver of such provision nor of the right to enforce such provision. A printed version of the TOS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Contact Information

Paul Frankenberg, President and C.E.O.
Paul Frankenberg Enterprises
944 Signal Road
Signal Mountain, Tennessee 37377, U.S.A.
Phone: 1-423-756-7123
Email: Paul@eBizMarketingServices.com