Last revised on August 25, 2014
BY REGISTERING WITH CONNEQUITY OR USING THE CONNEQUITY WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ALL POLICIES), EACH AS MAY BE MODIFIED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT USE OR ACCESS THE CONNEQUITY SITE OR SERVICES.
Connequity allows Members to create individual and/or business-entity profiles (?Profiles?). In some areas of Connequity, we request or may request that you provide personal information, including your name, address, e-mail address, telephone number, contact information and any other information from which your identity is discernible (referred to herein as ?Personal Information?). In other areas, we collect or may collect demographic information that is not unique to you, such as your ZIP code, age, preferences, and gender (referred to herein as ?Demographic Information?). The term ?Member? as used herein refers to you and all other individuals and/or entities participating in any Connequity program or using and/or accessing the Connequity Site or services for any reason.
Individuals must be 18 years of age or older to become Members.
3. Use of Connequity Material
Connequity authorizes you to view and access a single copy of the content available on or from Connequity solely for your personal use. The contents of the Connequity Sites, including, but not limited to, all text, graphics, images, logos, button icons, software and other Connequity material (collectively, ?Connequity Material?), are protected under both United States and foreign copyright, trademark
4. Member Submissions and Content
Connequity may provide interactive areas on the Connequity Sites in which Members may post communications and Content as defined below.
You are solely responsible for Profile information, postings (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (?Content?) that you post on any Connequity Site or transmit to other Members.
You agree that in submitting Content or otherwise using any Connequity Site that you will not impersonate any person, or submit any materials to Connequity that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under this Agreement. You further agree that you will not send or otherwise post unauthorized commercial communications (such as spam, or other advertising or solicitation) on any Connequity site.
By using the Connequity Sites, you understand that you may be exposed to Content from other Members that is offensive, indecent or objectionable. Under no circumstances will Connequity be liable in any way for any Content including, but not limited to, any errors or omissions in Content, any loss, damage or injury incurred from the use of any Content posted, emailed, transmitted or otherwise made available on the Connequity Sites. Connequity does not represent or guarantee the truthfulness, accuracy, or reliability of Content or any other communications posted by Members or endorse any opinions expressed by Members. You acknowledge that any reliance on material posted by other Members will be at your own risk.
You agree to abide by all applicable laws and rules relating to acceptable online conduct. You further agree to comply with all applicable laws regarding the transmission of technical data exported from the United States.
Connequity does not claim ownership of any Content submitted or posted by a Member on any Connequity Site. By submitting or posting Content on a Connequity Site, however, you understand and agree that you are granting Connequity a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, technology now known or later developed, for the full term of any rights that may exist to such Content. You also represent and warrant that you have the right to grant or that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted you the right to grant the license stated above.
If you post Content in any public area of any Connequity Site, you also permit any other Member to access, display, view, store and reproduce such Content for personal use.
We appreciate hearing from Members and welcome comments regarding our services and the Connequity Sites; however, if you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the ?Submission?), the Submission shall be the property of Connequity. No part of any 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. Connequity shall own exclusively all now 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.
5. Code of Conduct
In consideration of permission to use the Connequity Sites and interactive areas, you agree not to:
- Impersonate another person or entity, whether actual or fictitious;
- Use an inappropriate Member name of any kind to be determined in Connequity?s sole discretion;
- Post Content that is implicitly or explicitly offensive, such as Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- Bully, intimidate, or harass any member;
- Manipulate identifiers or headers to disguise the origin of any Content transmitted through the Connequity Sites;
- Post Content that contains restricted or password only access pages, or hidden pages or images;
- Post Content that displays or links to pornographic, indecent or sexually explicit material of any kind;
- Participate in transmitting any Content that you do not have a right to make available or if such action would infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Participate in transmitting any ?junk mail,? ?spam,? ?chain letters,? ?pyramid schemes,? unlawful multi-level marketing, or any other form of solicitation or commercial advertisement;
- Participate in transmitting any material that contains software viruses or
aredesigned to, or would result in limiting the functionality of the Connequity Sites;
- Engage in any activity that is fraudulent, make any misrepresentations or otherwise act in a manner that violates the purpose or spirit of this Agreement or any Connequity policies or rules;
- Act in a way that negatively affects other Members? ability to engage in real time exchanges;
- Disrupt the Connequity Sites or servers or networks connected to the Connequity Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the Connequity Sites.
- Intentionally or unintentionally violate any applicable local, state, national or international law;
- Upload, post, email or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another?s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Provide or provide 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;
- Provide instructional information about illegal activities or other activities prohibited by this Agreement, including without limitation, making or buying illegal weapons, violating someone?s privacy, providing or creating computer viruses or pirating any media;
- Solicit passwords or personal identifying information from other Members.
- Harass, incite harassment or advocate harassment of any group or individual; and/or
- Store other Members? personal data for any of the prohibited conduct set forth in paragraphs above.
Any Profile submitted must describe a Member, an individual person, or a business entity. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not a Member. You may not include in your profile, any telephone numbers, street addresses, email addresses or other means of contacting you.
The foregoing actions shall constitute a material breach of this Agreement. Connequity may delete any Content that violates the Agreement and will cooperate fully with any law enforcement officials or agencies in the investigation of any violators. Connequity acts as a passive conduit for the online distribution and publication of Content. As such, although Connequity is not required to pre-screen Content, Connequity shall have the right (but not the obligation) in its sole discretion to pre-screen or remove any Content that violates this Agreement or is otherwise objectionable.
If notified by a Member of Content or other materials which allegedly do not conform to this Agreement, Connequity may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of such Content. Connequity has no liability or responsibility to Members for performance or nonperformance of such activities.
Connequity may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for Connequity, damage Connequity?s brand or public image, or cause Connequity to lose (in whole or in part) the services of its ISPs or other suppliers.
You acknowledge and agree that Connequity may access, preserve and disclose your Personal Information, Demographic Information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary
You understand that the Connequity Sites and software embodied within the Connequity Sites may include security components that allow digital materials to be protected, and that use of these materials is subject to rules set by Connequity or content providers to the Connequity Sites. You may not attempt to override or impede any of the rules embedded into the Connequity Sites. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Connequity Sites, in whole or in part, is strictly prohibited.
6. Membership Terms
Membership is limited to one individual per account and one email address per Member.
At all times, you agree to provide only true and accurate information to Connequity and Connequity?s users, business entities, advertisers, vendors and/or the companies that participate in Connequity?s Programs (each, a ?Member?).
Connequity will make a determination on cases of suspected abuse, fraud or violation of its policies and rules in its sole discretion and Connequity?s decision (including those relating to termination of membership) shall be final and binding.
Connequity may terminate any membership if Connequity, in its sole discretion, determines that a Member has violated Connequity?s policies, rules or this Agreement.
In order to protect Members from commercial advertising or solicitation, Connequity reserves the right to restrict the number of
You agree to promptly notify Connequity if any personal information in your Profile, such as your address (mail or email), changes. If you cease active participation in the Program or fail to promptly notify Connequity of any changes to your Profile, your membership may be terminated.
7. Subscription Service
?Subscription Service? means our web-based business networking applications, tools
?Order Form? or ?Order? means the Connequity-approved form by which you agree to subscribe to the Subscription Service. Orders are completed through our online payment process.
7.1. Access. During the Subscription Term, we will provide you access to use the Subscription Service as described in this Agreement.
7.2. Limits. Limits may apply to the number of Contacts, Users, keywords tracked, contacts tracked, and matches per month. Any limits will be specified in your Order Form and this Agreement.
7.3. Modifications. We modify the Subscription Service from time to time, including by adding or deleting features and functions, in an effort to improve your experience. But we will not make changes to the Subscription Service that materially reduces the functionality of the Subscription Service provided to you during the Subscription Term. We might provide some or all elements of the Subscription Service through third party service providers.
7.4. Additional Features. You may subscribe to additional features of the Subscription Service by entering into a new Order Form.
7.5. Free Trial. If you register for a free trial of the Subscription Service, we will make the Subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period or (b) the start date of your subscription. If we include additional terms and conditions on the trial registration web page, those will apply as well. During the free trial period, (i) the Subscription Service is provided ?as is? and without warranty of any kind, (ii) we may suspend, limit, or terminate the Subscription Service for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Subscription Service. Unless you subscribe to the Subscription Service before the end of the free trial, all of your data on the Subscription Service will be permanently deleted at the end of the trial, and we will not recover it.
8. Fees and Payments
8.1. Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you change your subscription service to reduce or add additional features or products. Where a price change applies to you, we will charge or invoice you under the new price structure, starting with the next Billing Period in the Subscription Term.
8.2. Payment by credit card. By paying by credit card, you authorize us to charge your credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods, including upgrades. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
8.3. Payment Information. You will keep your contact information, billing information and credit card information (where applicable) up to date on our billing page within the Connequity website. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
8.4. Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service. You shall have no liability for any taxes based upon our gross revenues or net income.
9. Subscription Term and Renewal
9.1. Subscription Term. The subscription term shall begin on the effective date of your Subscription and will automatically renew on a monthly basis unless one of us gives the other fifteen (15) days prior written notice that it does not intend to renew the Subscription.
9.2. The Renewal Subscription Term. The renewal subscription term shall be: (i) on the then-current terms and conditions of this Agreement, and (ii) subject to the renewal pricing provided for in your Order Form. Should you decide not to renew, you may send the notice of non-renewal by email email@example.com.
9.3. Suspension for Non-Payment. We may suspend your access to all or any part of the Subscription Service upon ten (10) days? notice to you of non-payment of any amount past due. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
10. Links; Third Party Services; Promotional Messages
Connequity may provide links to third-party
You may order services or merchandise through the Connequity Sites from Members that are not affiliated with Connequity. For example, you may choose to retain consultation through the Connequity Sites. All matters concerning the activities or products purchased from a Vendor, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance
Connequity may send e-mails to Members containing advertisements, promotions, etc. Connequity may also disclose your Personal Information to third parties who send you e-mails or otherwise communicate with you. Connequity and these third parties may use your Personal Information (such as the interests and preferences you have expressed) to determine whether you might be interested in the opportunities, products or services.
Connequity makes no representation or warranty with respect to the content of any such e-mails and you agree that neither Connequity nor such third party shall have any liability with respect thereto. You further agree to receive certain periodic communications from Connequity such as newsletters and announcements. These communications are considered a part of your access
11. Registration and Password
You further represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You agree to: (i) provide accurate, current and complete information about yourself and (ii) maintain and promptly update your Registration Information. If you provide, or Connequity has reasonable grounds to believe, that any information is inaccurate, not current or incomplete, Connequity has the right to immediately suspend or terminate your account and refuse any and all current or future use of the Connequity Sites or related products and services.
You understand and acknowledge that you have no ownership rights in your personal account and that upon cancellation of your personal account, all information including Profiles, Personal Information and Demographic Information, will be marked as deleted in Connequity?s databases and will be removed from any public area of the Connequity Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Connequity?s web servers or for other reasons. In addition, third parties may retain copies of your information that were made prior to such deletion.
12. Disclaimer of Warranties
THE CONNEQUITY SITE, SERVICES
CONNEQUITY DOES NOT WARRANT THAT ITS SERVICES WILL BE UNINTERRUPTED, SECURE OR
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT CONNEQUITY DOES NOT IN ANY WAY SCREEN ITS MEMBERS, NOR DOES CONNEQUITY INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. CONNEQUITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. IN NO EVENT SHALL CONNEQUITY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER REGISTERED MEMBERS OF THIS SERVICE OR PERSONS YOU MEET THROUGH THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. YOU UNDERSTAND THAT CONNEQUITY MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH USERS OR MEMBERS YOU MEET THROUGH THE SERVICE. YOU SHOULD NOT PROVIDE YOUR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.
13. Limitation of Connequity?s Liability
Connequity acts as a venue that may provide links to vendors? or advertisers? sites that offer related products and services. Connequity does not screen or censor such links, products or services. Connequity is not involved in the actual transaction between vendors, advertisers, and Members. As a result, Connequity has no control over the quality, safety or legality of vendors? or advertisers? products or services, or the truth or accuracy of any information. Connequity makes no representations about any of vendors? or advertisers? products, services, or information provided through or on Connequity.
Connequity may take any action with respect to Content that it deems necessary or appropriate in its sole discretion if it believes that such Content could create liability for Connequity, damage Connequity?s brand or public image, or cause Connequity to lose (in whole or in part) the services of its ISPs or other suppliers. While Connequity reserves the right in its sole discretion to remove Content, Vendor links or other material from the Connequity Sites from time to time, Connequity does not assume any obligation to do so and disclaims any liability for failing to take any such action.
Connequity provides a venue for individuals and business entities to network with a shared goal of fostering referrals, and Connequity does not screen or censor the Profiles or Content on Connequity. Connequity has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or Content submitted on Connequity and makes no representations about Profile or any Content on Connequity.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Members with whom you come in contact through Connequity and/or the Connequity Sites.
Because Member authentication on the Internet is difficult, Connequity cannot and does not confirm that each Member is who they claim to be. Because we do not and cannot be involved in Member-to-Member dealings or control the behavior of participants on any Connequity Site, in the event that you have a dispute with one or more other Members, you release Connequity (and our agents and employees) from claims, demands and damages (actual and consequential and 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.
14. Limitation of Damages
IN NO EVENT SHALL CONNEQUITY, ITS VENDORS, ADVERTISERS, OR ANY THIRD PARTIES MENTIONED ON ANY CONNEQUITY 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 ANY CONNEQUITY SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CONNEQUITY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
CONNEQUITY?S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY CONNEQUITY SITE OR MEMBER?S USE OF THE CONNEQUITY MATERIAL, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
You agree to defend, indemnify and hold harmless Connequity, its subsidiaries, and each of their affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees from any claim, demand, loss, liability or expense (including reasonable attorneys? fees), relating to or arising out of: your use of Connequity?s services; your participation in any Connequity programs; the Connequity Sites; any other websites accessed from or affiliated with the Connequity Sites; any products purchased from or through the Connequity Sites or Vendor websites; your violation of this Agreement; Content submitted by you or Content posted, transmitted or otherwise made available through the Connequity Sites; or any other infringement committed by you, or any other person accessing or using your account, of any intellectual property or other right of any person or entity.
Connequity reserves the right, in its sole discretion, to immediately and without any prior notice to suspend or terminate this Agreement, your registration and ability to access the Connequity Sites and any other service provided to you
You shall remain liable to Connequity for any charges, fees, commitments, and obligations incurred prior to such termination. All records, information, messages, Content and other information related to your registration and account may also be deleted by Connequity in its sole discretion and without notice.Connequity shall not be liable to you or any third party for termination of an account or access to the Connequity Sites or services.
17. Application Law; Consent to Jurisdiction
The Connequity Sites (excluding linked sites) are controlled by BizIntro, Inc. (DBA Connequity) from its offices within the State of California. However, the Connequity Sites are accessible from all 50 states and other countries which have laws that may differ from those of California. By accessing the Connequity Sites both you and Connequity agree that California laws, without regard to the conflict of laws principles thereof, will apply to all matters relating to
If any provision of this Agreement is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of the remaining provisions.
Connequity reserves the right to modify or terminate the Agreement, the Connequity Sites and services (or any part thereof) with or without notice and at any time. Connequity shall not be liable to you or to any third party for any such modification or termination.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party?s right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Connequity may assign its rights and obligations under the Agreement and upon such assignment, Connequity may be relieved of any further obligation hereunder.
You represent that you have the authority to register with Connequity according to the Agreement.
Connequity?s failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should seek to give effect to the parties? intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.
The section titles in the Agreement are for convenience only and have no legal or contractual effect.
Except for certain vendors, advertisers, and licensors, or as may be otherwise expressly provided herein, there are no third-party beneficiaries to this Agreement.
Connequity reserves the right to change fees, surcharges and/or membership fees at any time.
Connequity may provide members with notices, including those regarding changes to the agreement, by email, regular mail or postings on the Connequity Sites. Members should visit this web page periodically to review the most current terms because they are binding.
Please report any violations of this Agreement by contacting BizIntro, Inc. (DBA Connequity) firstname.lastname@example.org
THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND