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Terms Of use

 

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE ("Agreement") CAREFULLY BEFORE USING THIS WEBSITE (the "Site" or "cobizmedia.com website"). This Site at cobizmedia.com is fully controlled and operated by CoBiz Inc., ("CoBiz", "we," or "us"). By accessing and using this Site, located at http://www.cobizmedia.com, you are hereby agreeing to be legally bound by the terms and conditions of cobizmedia.com. This Site is available ONLY TO USERS OVER THIRTEEN YEARS OF AGE. By completing the registration process for this Site, you represent that you are over thirteen years of age, and can and will be legally bound by this Agreement. If you do not agree with all of the following terms and conditions of this Agreement, your only recourse is to immediately: (1) discontinue use of the Site;

We reserve the right, at our sole discretion, to change, modify or otherwise alter this Agreement at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the terms and conditions of this Agreement to keep yourself apprised of any changes. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.

 

A. DESCRIPTION OF SERVICE

CoBiz provides its users services as described and provided on the Site (collectively, the "Services").

 

B. PRIVACY

We have established a Privacy Policy to explain to users how their information is collected and used, which you can read here: The CoBiz Privacy Policy Your use of the Services signifies acknowledgment of and agreement to CoBiz Privacy Policy. For more information on the privacy policy see the privacy policy page.

 

C. YOUR REGISTRATION OBLIGATIONS

In this Agreement "you" or "user" refers to the person who registers to become a user of cobizmedia.com. In consideration of your use of the Services, you represent that you are of legal capacity 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 also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CoBiz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CoBiz has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

To obtain some specific Services, you will be required to designate a user ID and password. You are responsible for maintaining the confidentiality of the ID and password, and are fully responsible for all activities that occur under your ID or password. You agree to immediately notify CoBiz of any unauthorized use of your ID or password or any other breach of security. CoBiz cannot and will not be liable for any loss or damage arising from your failure to do so.

 

C. I Auctions

When a product is first put up for auction, we may set a minimum bid and require a significant increase in the price from each subsequent bidder ("Traditional Auction"). Certain auctions may include a reserve price. For more information please read the rules and restrictions section.

 

C. II System Outage::

Despite our best efforts, It is not possible to operate with 100% guaranteed uptime. In some cases, system outages affecting CoBiz systems or Website may interrupt the ability to view or bid upon auctions. In this case, CoBiz will halt the auction(s) and bidding on those auction(s) until the system outage is resolved. We reserve the right to pause an auction and remove it from the site when our system detects a strange anomaly. . We reserve the right to reasonably modify any auction to account for such events as system outages. All such modifications shall be solely at our discretion. CoBiz will also make commercially reasonable efforts to resume the auctions after the outage is resolved. In the event of a system-wide outage that prevents you from bidding, CoBiz shall not be liable for damage that occurs due to bids submitted by auction users not being received by CoBiz, or not being received promptly, or not being considered, as a consequence of technical faults.

 

 CoBiz is not responsible for (and shall have no liability for) any system outages, technical malfunctions or other issues of any type that affect your computer system or your connectivity to the Website.

 

D. USER CONDUCT

Without limitation, CoBiz reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:In order to access certain features of the Website,

 

1. You must create an Account that is accepted by CoBiz and maintained by you in accordance with these Terms of Use and applicable law. You may never use another's Account. When creating your Account, you agree to only provide accurate and complete information.

    2. Only one Account per person is allowed, unless otherwise expressly approved by CoBiz. Only individuals may open an Account, not entities, companies, trusts, co-ops, etc

    3. You are solely responsible for the activity that occurs on your Account, and you must keep your Account password secure. You must notify CoBiz immediately of any breach of security or unauthorized use of your Account. Although CoBiz will not be liable for unauthorized use of your Account, you may be liable for the losses of CoBiz or others relating to any such unauthorized use.

    4. Either you or CoBiz may at any time terminate your Account, for any reason or no reason, with or without notice. If CoBiz terminates your Account for any reason other than your violation of these Terms of Use. Without limitation to Number 5, above, if you do not use your Account for more than 12 months, your Account shall be considered “Inactive” and subject to termination by CoBiz.

    5. To request an Account and/or participate in any Auction (including the placing of a bid or purchasing a Product from a partner), you must be legally capable of entering into binding contracts and be at least 18 years old.

    6. CoBiz Partner Products and Services are offered exclusively to Account holders and not to commercial or partly-commercial re sellers.

    7. Each User shall be liable for all activities that are undertaken using his or her Account.

    8. CoBiz hereby grants to you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for the purposes expressly agreed upon by CoBiz; (ii) you will not copy or distribute any part of the Website in any medium; (iii) you will not alter or modify any part of the Website; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.

    9. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Website servers in a given period of time quicker than a human could reasonably produce in the same period by using a convention on-line web browser.

    10. You agree to use the Website and/or the Services only in a manner consistent with any and all applicable laws and regulations, and these Terms of Use .

    11. You agree that you will not post any telephone numbers, street addresses, last names, URLs or e-mail addresses, unless otherwise expressly permitted by CoBiz.

    12. You agree not to advertise, or solicit, any User to buy or sell any products or services and not to transmit any chain letters or junk e-mail to other Users.

    13. You agree that you will not, nor will you permit others to, cover or obscure any banner or other advertisements on any CoBiz page.

    14. You agreed not to disclose your password to any third party or permit any third party to access your Account.

 

E. Consumer Reported Fares & Donation request

To the extent that portions of this Site provide users an opportunity to post travel experiences and thereby post and exchange information, ideas, opinions, messages, text, images, photos, or other materials (the "Postings"), please be advised that such Postings do not necessarily reflect the views of CoBiz. In no event shall CoBiz assume or have any responsibility or liability for any Postings or for any claims, damages or losses resulting from their use and/or appearance on this Site. You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all information they contain and that such Postings shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.

CoBiz does not claim ownership rights to any of your Postings. For the sole purpose of enabling us to display your Postings through the cobizmedia.com Service, you hereby grant to CoBiz a non-exclusive, royalty-free, fully paid, worldwide license to use, copy, distribute, and display such materials on the Site.

CoBiz does not allow Postings which contain:

    private or personal information which might identify a user profanity or obscenities personal attacks on other individuals slanderous, defamatory, obscene, pornographic, threatening and harassing comments; and/or other information that CoBiz deems in its sole discretion to be inappropriate for this Site, or which otherwise violate this Agreement.

The cobizmedia.com website may be used for noncommercial purposes only. Users may not post any information intended to promote and/or generate revenue for any third party business activity. Although CoBiz periodically monitors the content posted on this Site, we cannot be responsible for the views or opinions expressed by third parties. CoBiz reserves the right, in our sole discretion, to refuse to post, edit, or delete Postings that violate the above-referenced rules of conduct, or for any other reason. CoBiz may also revoke the privileges of users who do not comply with such rules.

You acknowledge that CoBiz may establish limits concerning use of the Postings, including the maximum number of days that Postings will be retained by the Site and the maximum number and size of Postings that may be transmitted or stored by the Site. You agree that CoBiz has no responsibility or liability for the deletion or failure to store any Postings maintained or transmitted by the Site.

 

F. PRODUCT AND SERVICES FARE REVIEWS AND SUBMISSIONS

To the extent that portions of this Site provide users or other third parties an opportunity to submit reviews, photos and submissions for display on this Site about various products and services, such as cobizmedia.com Hotel Reviews and Photos, ("Review(s)"), please be advised that such Reviews do not necessarily reflect the views of CoBiz. In no event shall CoBiz assume or have any responsibility or liability for any Review appearing on the Site, including those provided by any user or any other party, or for any claims, damages or losses resulting from its use and/or appearance on this Site.

By posting or submitting a fare or Review, you hereby represent and warrant that you have all necessary rights in and to any Review you provide and shall not infringe any proprietary or other rights of third parties, or contain any libelous, tortious, or otherwise unlawful information. You further represent and warrant that all information contained in such Review is accurate, that use of any Review you supply does not violate this Agreement and will not cause injury to any person or entity, and that you will indemnify CoBiz or its affiliates for all claims resulting from any Review you supply.

By posting or submitting any Review/Fare, you automatically grant to CoBiz and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Review throughout the world in any media. CoBiz has the right but not the obligation to monitor or edit or remove any Review or any portion thereof at any time in its sole discretion. The provisions described in this paragraph do not apply to travel blog entries and photos posted by cobizmedia.com users.

 

G. PROPRIETARY RIGHTS

CoBiz and its licensors have expended substantial time, effort, and funds to create cobizmedia.com and its Services. All site software, design, text, information, data, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, the selection and arrangements thereof, and other content (collectively, the "Content") are the property of CoBiz and/or its subsidiaries, affiliates, assigns, licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.

 

Copyrights. All Content of this Site are either Copyright © 2010 CoBiz Inc., or are the proprietary property of CoBiz suppliers, affiliates or licensors. No copyrighted material or other Content may be reproduced, modified, create derivative works from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the Content via a third party website or other networked computer environment) without the express prior written consent of CoBiz. Use of CoBiz and/or its licensors' Content is only permitted with their express written permission. All rights reserved.

 

Notice of Copyright Agent. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CoBiz copyright agent the written information specified below. (1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) A description of the copyrighted work that you claim has been infringed upon;(3) A description of where the material that you claim is infringing is located on the site; (4) Your address, telephone number, and e-mail address; (5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (6) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Trademarks and Service Marks. cobizmedia.com, the cobizmedia.com logo, are including without limitation, either trademarks, service marks or registered trademarks of CoBiz, and the products and services described or offered in this Site, are either the trademarks, service marks or registered trademarks of CoBiz, its suppliers, licensors, or affiliates, and may not be copied, imitated or used, in whole or in part, without CoBiz prior written permission or that of our suppliers or licensors. Other product and company names may be trade or service marks of their respective owners.

 

Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to CoBiz, or Postings on this Site are non-confidential (subject to our Privacy Policy).

You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Content on the Site. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.

 

H. CONTESTS, SWEEPSTAKES, AND OTHER ACTIVITIES

CoBiz provides Rules of Participation for certain activities on this Site including, without limitation, contests and sweepstakes offered by CoBiz and in conjunction with third parties. This Agreement is incorporated by reference to the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.

 

I. ERRORS OR DELAYS IN TRANSMISSION, AND LIMITATIONS ON SERVICE

CoBiz DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. CoBiz is not responsible for typographical errors or omissions relating to pricing, text, or other materials, including the accuracy of maps that are displayed on the Site. Furthermore, while CoBiz attempts to ensure your access and use of the site is safe, CoBiz cannot and does not represent or warrant that this site or its server(s) are free of viruses or other harmful components.

 

J. TERMINATION OF SERVICE

CoBiz may terminate your access to the Services with or without cause at any time and effective immediately, at CoBiz sole discretion, including but not limited to your failure to conform with the terms and conditions of the Agreement. CoBiz shall not be liable to you or any third party for termination of use of the Services. Upon termination, your right to use the Services shall cease immediately. Sections B, F-P shall survive termination of this Agreement.

 

K. DISCLAIMER OF WARRANTIES

THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." CoBiz, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF CoBiz SERVICES IS AT YOUR OWN RISK. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

L. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CoBiz, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF CoBiz SERVICES OR THE WEB SITE, OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CoBiz, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

M. THIRD PARTY LINKS

The appearance of external hyperlinks and/or ads generated by third parties does not constitute endorsement by CoBiz, its subsidiaries and affiliates of the opinions or views expressed by these third party websites and CoBiz does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained at these sites. Furthermore, CoBiz is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised at such sites. As such, neither CoBiz nor its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. Finally, CoBiz will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these third party hyperlinked sites.

 

N. INDEMNIFICATION

You agree to indemnify, defend and hold harmless, CoBiz, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. CoBiz reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with CoBiz in asserting any available defenses.

 

O. DISPUTES

Any controversy or claim arising out of or relating to this Agreement, CoBiz or the provision of the Services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or CoBiz may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco County, California necessary to protect the rights or property of you or CoBiz (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

If there is a dispute between participants on this site, or any third party, CoBiz is under no obligation to become involved. In the event that User has a dispute with one or more members, user hereby releases CoBiz, their 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

 

P. GOVERNING LAW

This Agreement shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions. 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 endeavor 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. 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 cobizmedia.com, the Services or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

Q. AGREEMENT

This Agreement constitutes the entire agreement between you and CoBiz and governs your use of our Site, superseding any prior agreements between you and CoBiz with respect to the use of our Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of CoBiz to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect.