This website and the services offered through this website (collectively, this “Site”) are operated and maintained by inBusiness Services, Inc. (“inBusiness”).
Please read this User Agreement and Terms of Use (this “Agreement”) carefully before using this Site. It is a legal agreement governing your use of the Site.
By actively using this site to make posts, download materials, or view and/or listen to pre-recorded materials, you accept and agree to be bound by the terms
and conditions contained in this Agreement, including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and
remedy exclusions and limitations, and a choice of Tennessee law.
inBusiness is pleased to hear from its customers, prospects, and users and welcomes comments regarding this Site. However, in the event that you submit or
otherwise communicate to inBusiness or the Site any creative ideas, reviews, commentary or posting to a Forum (as defined below), such as suggestions, original
creative materials, artwork, notes, drawings, concepts or other information (collectively, “Comments”), you warrant and represent that you own or otherwise
control all of the rights to your Comments including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the
Comments. You automatically grant (or warrant that the owner of such rights has expressly granted) inBusiness a royalty-free, perpetual, irrevocable,
non-exclusive, transferable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and perform the
Comments (in whole or part) worldwide. None of the Comments shall be subject to any obligation of confidence on the part of inBusiness, and inBusiness shall
not be liable for any use or disclosure of any Comments.
(a) This Site is for your personal and noncommercial use. All contents of this Site are: © inBusiness Services, Inc. All rights reserved. INBUSINESS SERVICES
and 360 VIEW are trademarks of inBusiness Services, Inc. This Site contains copyrighted material, trademarks, service marks, trade dress and other proprietary
content, including, but not limited to, text, software, photographs, images, logos, and graphics (the “Content”), and the entire selection, coordination,
arrangement and “look and feel” of this Site and the Content are copyrighted as a collective work under United States copyright laws (collectively,
“Intellectual Property Rights”). Neither this Agreement, nor your use of this Site, transfers any right, title or interest in the Site or the Content to you,
and inBusiness and its third party licensors retain all of its and their respective rights, title and interest to the Site and the Content.
Except as provided in this Agreement, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post,
transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Content or information from this Site, in whole or in part.
This site is available worldwide to 360 View users and prospective users. However, this Site may not be continuously available due to maintenance or computer
problems or crashes, disruption in Internet service, or other unforeseen circumstances.
A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The Content of this Site,
including advertising content, is intended for use and display only where its use and display are permissible in accordance with applicable laws and regulations.
Certain materials on this Site may be furnished by third parties, including Comments uploaded or provided by Site users. inBusiness will not be liable for any
delays, inaccuracies, errors or omissions in any such materials, or in the transmission or delivery of all or any part thereof, or for any damages arising
therefrom.
Certain product, service, or company designations for companies other than inBusiness may be mentioned in the Site for identification purposes only. Third
party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective
owners.
There may be bulletin boards, forums, blogs, chat rooms and discussion threads (the “Forums”) on this Site, including a password-protected portion. The
Forums allow users of 360 View to seek information from colleagues, help find answers to problems, heighten knowledge, and share best practices. The Forums
also offer an opportunity for communication and information sharing among a variety of participants. inBusiness hopes the Forums provide you with a wealth of
information from fellow 360 View users. However, please take a moment to read these guidelines for participation in the Forums:
inBusiness encourages discussions, debates and even arguments, but please share your thoughts politely and constructively. While we strongly encourage open
debates, we want to make sure that they take place in a climate of mutual respect. Content that is abusive, vulgar, racist, slanderous, harassing, misleading,
or otherwise objectionable will not be tolerated. In addition, any form of direct or indirect personal attack or harassment is unacceptable behavior and is not
tolerated. Any comment that calls for unlawful or illegal behavior or might result in harm to others is not allowed.
Forum postings do not necessarily represent the professional advice or opinions of inBusiness or its staff. The results of any actions you take based on the
advice you find in the Forums are your responsibility alone. You are responsible and liable for all activities conducted by you in such Forums and for the
content of your messages. Users shall be solely responsible for ensuring that they do not act in any manner which constitutes, or forms a part of a course of
conduct amounting to, a violation of any state, federal or other applicable competition law. If you violate the terms of this Agreement, you will have your
access to the Forums suspended and may permanently be banned from using such Forums.
You are not allowed to post or transmit any message, data, code, or software that would violate the property rights of others, including unauthorized
copyrighted text, images or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion.
inBusiness has no obligation to monitor any Forums on this Site. However, inBusiness reserves the right to review, reprint, modify, distribute, remove or delete
any posts in the Forums. inBusiness reserves the right at all times to disclose any information as inBusiness deems necessary to satisfy any applicable law,
regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in inBusiness’
sole discretion. inBusiness is not obliged to maintain back-up copies of any material submitted or posted on this Site.
inBusiness hopes each user’s experience in the Site and Forums is a pleasant and productive one. However, by using this Site or Forums, you agree that you shall
not:
Violate any code of conduct or other guidelines which may be applicable for any particular Forum;
delete, modify, hack or attempt to change or alter any of the Content on this Site;
use the Forums or this Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited
messages (commercial or otherwise);
use any device, software or routine intended to damage or otherwise interfere with the proper functioning of the Site or servers or networks connected to
the Site, or take any other action that interferes with other parties’ use of the Site;
use any robot, spider or other automatic or manual device or process for the purpose of harvesting or compiling information on the Site for purposes other
than for a generally available search engine;
use inBusiness’ names, service marks, or trademarks without our prior written consent, including, without limitation, as metatags, search engine keywords, or
hidden text;
use any material or information, including images or photographs, which are made available through this Site in any manner that infringes any copyright,
trademark, patent, trade secret or other proprietary right of any party;
upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the
operation of another’s computer or property of another;
create a false identity for the purpose of misleading others;
provide false information on your registration form, or impersonate someone else;
advertise or offer to sell or buy any goods or services for any business purpose, unless such a Forum specifically allows such messages;
download any file posted by another user of the Forum that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or
distributed in such manner;
restrict or inhibit any other user from using and enjoying the Forums;
publish, post, upload, distribute or disseminate any inappropriate, profane, obscene, indecent or unlawful topic, name, material or information; or
defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of any third party.
Except as indicated to the contrary elsewhere on this Site, you may view, copy, retransmit and print the Content available on this Site subject to the following
conditions:
The Content is used solely for personal, informational, or internal business purposes;
the Content is not provided, sold, licensed, leased or shared with persons or organizations that are not current 360 View licensees.
the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
all copyright, trademark and other proprietary rights notices included in the Content as presented on this Site appear on all copies;
the Content is not modified or altered in any way; and
no graphics are used separately from accompanying text.
You may also link or hyperlink to the home page of the Site from any Acceptable Site (as defined below), but only if:
You do not frame the Site or any portion of the Site;
you do not deep link into the Site (i.e., you do not link into any page other than the home page);
the hyperlink to the Site is not used in a way that suggests that inBusiness endorses you or your website;
the link to the Site is not used or presented in any way that disparages inBusiness or tarnishes, blurs or dilutes the quality of inBusiness’ names or
trademarks or any associated goodwill; and
the link to the Site is not displayed on any web page that displays objectionable content or links.
An “Acceptable Site” means a website that displays no objectionable content, including, but not limited to, any content, information in any medium or format,
such as text, data, graphics, audio or video, that: (i) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (ii) a reasonable
person would consider harassing, abusive, threatening, harmful, profane, obscene, racially, ethnically or otherwise objectionable or offensive in any way;
(iii) constitutes a breach of any person’s privacy or publicity rights, a misrepresentation of facts or hate speech; or (iv) violates or encourages others to
violate any applicable law.
inBusiness may modify this Agreement from time to time. Please review this Agreement periodically for any updates or changes. Your continued use of this Site
following the posting of any updates or changes to this Agreement constitutes your acceptance of such changes. If you object to any provision of this Agreement
or any subsequent modifications to this Agreement, your only recourse is to immediately terminate use of the Site and Forums.
inBusiness reserves the right to modify or terminate your access to the Site (or portions of the Site) at any time, temporarily or permanently, with or without
notice to you, and is not obligated to support or update the Site. Sections 1-4, and 6-17 of this Agreement shall survive any termination. inBusiness may also
impose limits on certain features and services, restrict your access to parts or all of this Site, or charge fees for access to portions of this Site without
notice or liability. You acknowledge and agree that inBusiness will not be liable to you or any third party in the event that inBusiness exercises its right
to modify or terminate access to the Site or portions of the Site.
inBusiness will treat any information it collects from you through this Site in accordance with its online Privacy Policy (the "Privacy Policy"), which is
hereby incorporated by reference. Please review the
Privacy Policy before you use this Site. If you are unwilling to accept the terms and conditions of the
Privacy Policy, please do not use this Site.
As a convenience to you, this Site may provide links to websites and access to content, products and services of third parties, including without limitation,
inBusiness’ affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). You should refer to
the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. inBusiness does not author, edit or monitor these
Linked Sites, and is not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply
endorsement of the Linked Sites by inBusiness, or vice versa; (b) third party content accessible through such Linked Sites; (c) any loss or damage whatsoever
you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through this Site. You bear all risk associated with
the use of such Linked Sites, third party services, and your correspondence or business dealings with third parties other than inBusiness found on or through
this Site.
Our goal is to provide complete, accurate, up-to-date information on this Site. Unfortunately, it is not possible to ensure that any website is completely free
of human or technological errors. This Site may contain typographical mistakes, inaccuracies, or omissions, and some information may not be complete or current.
inBusiness therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THIS SITE, ARE
PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. INBUSINESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY,
AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. INBUSINESS MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY
OBLIGATION, THAT: (A) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL
BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE; (D) THE QUALITY OF ANY INFORMATION OR OTHER
MATERIAL OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INBUSINESS OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IN NO EVENT SHALL INBUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE,
DATA, GOODWILL OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM
YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THIS SITE OR ANY SERVICES PROVIDED IN CONNECTION WITH THIS SITE, EVEN IF INBUSINESS HAS BEEN ADVISED OF THE
POSSIBILTY OF SUCH DAMAGES. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT
YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS,
THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS
OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify and hold inBusiness, its affiliates, shareholders, directors, officers, subsidiaries, parents, employees and agents, harmless from any
claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to
your use of or access to this Site, your use of the Content, any content that is provided by you or through your user ID and/or password, your violation of this
Agreement or your violation of any rights of another. You agree to cooperate as fully as reasonably required in the defense of any claim. inBusiness reserves
the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
You agree that any claim or cause of action arising out of your use of this Site or this Agreement must be filed within one year after such claim or cause of
action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by
inBusiness to enforce or exercise any provision of this Agreement or related right shall not constitute a waiver of that right or provision.
You acknowledge (a) that you have read and understood this Agreement; and (b) that this Agreement shall have the same force and effect as a signed agreement.
If any provision in this Agreement is found by a court to be invalid, the parties agree that the court should give effect to the parties’ intentions as reflected
in the provision, and the other provisions of this Agreement will remain in full force and effect. inBusiness’ failure to act with respect to a breach by any
visitor using the Site does not constitute a waiver of its right to act with respect to subsequent or similar breaches. This Agreement will be governed by and
construed in accordance with the laws of the State of Tennessee without regard to its choice of law provisions. In the event of any conflict between foreign
laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern.
If you have any questions about this Agreement, the practices of inBusiness, or your dealings with this Site, please contact us through the address below. You
may also contact us to update your personal information by notifying us when you change your name or email address.
inBusiness Services, Inc.
545 Mainstream Dr., Suite 420
Nashville, Tennessee 37228
Last updated and effective as of March 23, 2008.