User Agreement - Terms and Conditions of Use
Note! You are concluding a Legally Binding Agreement

By accessing, viewing, downloading or otherwise using BusinessPoint Live™ or any webpage or feature available through BusinessPoint Live™, any information provided as part of the BusinessPoint Live™ services, or any related emails, newsletters or services (hereinafter collectively “BusinessPoint Live™” or the “Services”), or by clicking “Join BusinessPoint Live™” during the registration process, you conclude a legally binding agreement with, if registering in the United Kingdom, BusinessPoint Live™ Ltd with offices at Technology Court, Bradbury Road, Newton Aycliffe, County Durham, DL5 4ST or if registering in the United States, Transactive Networking Inc. with offices at 20315 McKean Road, San Jose, California 95120, USA based on the terms of this BusinessPoint Live™ User Agreement (“Agreement”) and become a BusinessPoint Live™ user (“User”). If you are using BusinessPoint Live™ on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to become a User, do not conclude the Agreement, do NOT click “Join BusinessPoint Live™” and do not access, view, download or otherwise use any BusinessPoint Live™ webpage or information or services where a login is required.

We encourage you to read this User Agreement with great care in order to participate with us as a User in the development of a quality internet service. By becoming a User, you acknowledge that you have read and understood the terms and conditions of this User Agreement and that you agree to be bound by all of its provisions.

1. INTERPRETATION
1.1 In these Terms and Conditions, the following words and phrases shall bear the following meanings:

"BusinessPoint Live™" or "we" means IBC Technology Ltd which is a company registered in the United Kingdom and its licensed distribution affiliates which include BusinessPoint Live™ Ltd an independent company which is registered in the United Kingdom and Transactive Networking Inc. an independent company which is registered within the United States of America or content that has been sold or created for sale through these companies.

"Network Business Advisors" or "NBA" means those members who have registered for Services to additionally provide advice and services to other members.

"Member" means a business entity, business partnership, or a person in business who has registered for the Services of the website.

"Member Agreement" and "the Agreement" mean the Member's agreement with BusinessPoint Live™ as set out in these terms and conditions together with any terms expressly included and agreed in writing by the BusinessPoint Live™ and the Member.

"Service" means data accessed by or supplied to the member whether by electronic mail or on or through the Website or otherwise. It includes without limitation business data and responses to Business Questions.

"Business Questions" and "Questions" mean questions posted by members on the Website.

"Member Period" means the period of twelve months starting from the Member Start Date, or such other period as may be specified on the Member Payment Form or that may otherwise be agreed in writing between BusinessPoint Live™ and the Member, and thereafter continuing until termination of the Agreement, as provided below.

"Member Start Date" means the date on which BusinessPoint Live™, having received the Member Charges as cleared funds receives and accepts the final registration for paid services or otherwise accepts the Member's registration for the Service.

"The Website" means the website from time to time of the system, currently to be found at www.businesspointlive.com.

"Third Party Data" means data or information originating from or owned by third parties.

"Third Party Software" means software owned by third parties.

"Working Day" means any weekday (Monday to Friday) unless a public holiday in England.

"Content" means the Website, and all the information and graphic representations or images on it.

2. AGREEMENT
2.1 By entering the Website or registering for the service, the Member accepts the terms and conditions of the Agreement without limitation or qualification. By accessing and using the Website, the Member acknowledges that it is bound by the Agreement.

3. AUTHORIZED USERS
3.1 BusinessPoint Live™ may control and direct the means, manner, and method by which the Service is provided but shall provide the Service commercially and reasonably.

3.2 BusinessPoint Live™ shall offer these services at their sole discretion and reserves the right to refuse or rescind all or partial use of the service to any individual or corporation as it thinks fit without notice to the Member(s) or NBAs. Authorized Members shall conform to the following: (a) comply at all times with the Conduct Policies Listed below; (b) have not been previously suspended or removed from the service; (c) are not a direct competitor of BusinessPoint Live™ ; and (d) have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.

AS A COMPONENT OF ITS ACCREDITATION PROCESS, IT IS THE POLICY OF BUSINESSPOINT LIVE TO MONITOR THE OPERATIONS AND PERFORMANCE OF MEMBERS, NETWORK BUSINESS ADVISORS AND SERVICE PARTNERS TO MAINTAIN THEIR "ACCREDITATION". SHOULD EITHER NOT COMPLY WITH THIS AGREEMENT AND/OR THE CONDUCT POLICIES BELOW BUSINESSPOINT LIVE RETAINS THE RIGHTS AT ITS SOLE DISCRETION TO EITHER (A) RESCIND NBA PRIVILEGES OR B) RESCIND USE OF THE SYSTEM WITHOUT NOTICE, WITHOUT ARBITRATION, AND WITHOUT REFUND.

3.3 Should any Member be altered or removed pursuant to violation of the posted terms, they shall not be eligible for any reimbursement of any payments made to BusinessPoint Live Ltd or Transactive Networking Inc.

4. MEMBER AND NBA OBLIGATIONS AND INFORMATION
4.1 Compliance to this Agreement: Members and Network Business Advisors shall be responsible for ensuring their compliance with all applicable laws and with this Agreement, which may be amended from time to time, and compliance by third parties authorized by the Member or NBA, who shall be restricted to users notified to the BusinessPoint Live™ by email before gaining access, at manager@businesspointlive.com. In the event of a breach of password security, the Member shall remain liable for any unauthorized use of any of the elements of the Service until the Member notifies the BusinessPoint Live™ by email to the manager or calling the appropriate phone number on the contact page.

4.2 Use Policy: On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on BusinessPoint Live™ WebPages as we intend such information to be used only in accordance with the Agreement and any specific terms of use that we make available to you. You may submit information to us at your own risk of loss per Sections 1, 4 and 8 hereof. We grant you no other rights, implied or otherwise.

4.3 Passwords: BusinessPoint Live™ shall allocate to the Member such passwords and other identifiers as it thinks fit and may alter them from time to time on reasonable notice to the Member. The Member is responsible for ensuring the confidentiality of all IDs and passwords obtained from BusinessPoint Live™ in connection with the Service.

4.4 Compliance to Conduct Policies: The Member shall conform at all times to conduct policies described herein.

4.5 Render Payment: If you subscribe to any services that we offer for a charge, you will pay applicable fees as they become due plus all related taxes, and reimburse us for any collection costs and interest for any overdue amounts.

4.6 Notifications: If you believe that you are entitled or obligated to act contrary to this agreement under any mandatory laws, you agree to provide us with detailed written notice 30 days prior to contrary act to allow us to assess whether we may, at our sole discretion, provide an alternative remedy to the situation.

4.7 Privacy: You should carefully read our full Privacy Policy before deciding to become a Member of BusinessPoint Live™ . Please note that certain information, statements, data and content (such as photographs) which you may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or sexual orientation, and that you are providing all such information, statements, data and content in full acknowledgment thereof and under your sole responsibility. By providing such information to us, all of which is optional, you are hereby expressly giving your informed consent to the processing by us of such “sensitive” data

5. BUSINESSPOINT LIVE™ OBLIGATIONS AND INFORMATION
5.1 General Service Purpose and Goals: The purpose of BusinessPoint Live™ is provide businesses services to facilitate all business transactions including finding and utilizing business advice, communicating between businesses, and streamline operations via online tools. A Member may submit Business Questions to the Website. On receipt of a Business Question submitted in good faith, BusinessPoint Live™ shall facilitate an answer from a Network Business Advisor within a reasonable time and in any event within twenty-four hours of the start of the first Working Day following receipt: a) check that the answer to the Question is held on the database; b) respond directly to the Member if BusinessPoint Live™ feels that further information is required for a positive response; or c) forward the Member's Business Question to the appropriate BusinessPoint Live™ new Network Business Advisor to answer.

5.2 Competence based Marketing: BusinessPoint Live™ will at all times endeavor to connect NBAs and Service Partners to potential Member customers solely based upon expertise of the NBA or Service Partner, the target customer profile of the NBA or Service Partner, the profile of the inquiring Member, and the nature of the inquiry:.

BUSINESSPOINT LIVE WILL NOT VIOLATE THIS PROVISION AND WILL NOT ACCEPT ANY PAYMENT, COERCION, INFLUENCE, OR BARTER TO DO SO.

5.3 Compliance to this Agreement: BusinessPoint Live™ shall comply with this Agreement in its dealings online and shall be responsible for ensuring its compliance businesses finding the proper advice, connecting potential customers, facilitating communication, and lowering operations costs through collaboration tools.

5.3 Expansion, Modification or Discontinuance of Services: For as long as BusinessPoint Live™ continues to provide services, BPL shall provide (and seek to update, improve and expand) the BPL platform and services to businesses for the direct purpose described above. We reserve the right to modify, replace, refuse access to, suspend or discontinue BusinessPoint Live™ , partially or entirely, or to charge and modify prices for BusinessPoint Live™ . All of these changes shall be effective upon their posting on our site or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in BusinessPoint Live™ and all related items

5.4 Compliance to Conduct Policies: The Member shall conform at all times to conduct policies described herein.

5.5 Content Management: BusinessPoint Live™ reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, BusinessPoint Live™ has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.

5.6 External Links: BusinessPoint Live™ may include or automatically produce links to third party web sites (“Third Party Sites”). BusinessPoint Live™ is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. BusinessPoint Live™ may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). If you decide to leave BusinessPoint Live™ and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from BusinessPoint Live™ or relating to any applications you use or install from the site

5.7 Third Party Developers: BusinessPoint Live™ enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by BusinessPoint Live™ and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).

5.8 Notices: You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of BusinessPoint Live™ , BusinessPoint Live™ Affiliates, its Users and the public.

5.9 Connections: BusinessPoint Live™ may limit the number of connections you may have to other Users and prohibit you from contacting other Users through use of the Services.

5.10 Dispute Resolution: You are solely responsible for your interactions with other members. BusinessPoint Live™ reserves the right, but has no obligation, to monitor disputes between you and other members and to terminate your account if BusinessPoint Live™ determines, in its sole discretion, that doing so is prudent. In such case you agree that BusinessPoint Live™ is the sole arbiter and accept its decisions.

6. CONTENT AND INTELLECTUAL PROPERTY
6.1 The Member shall be exclusively responsible for all content that the Member makes available on or through the Website, including but not limited to advice provided from a Network Business Advisor. The Member warrants that no such content will infringe or violate any copyright, patent or any other third-party right or any applicable law, rule or regulation. In particular but without limitation no such content shall be abusive, profane, libelous, slanderous, threatening or otherwise harassing, and, if it is, the BusinessPoint Live™ may remove it at any time without notice. The Member agrees to indemnify BusinessPoint Live™ Ltd and Transactive Networking Inc. with respect of any claim or demand, including reasonable legal costs, made by any third party arising out of any content the Member makes available on or through the Website. The Member acknowledges that it holds no copyright or other intellectual property rights in any software or data accessed on or available through the Website.

6.2 In preparing this Website, and where BusinessPoint Live™ provides information, BusinessPoint Live™ endeavors to offer current, correct and clearly expressed information. However, BusinessPoint Live™ cannot guarantee that the information will be accurate, complete or current at all times and accepts no liability for any reliance placed by any person on the information. This Content is owned by, or licensed to BusinessPoint Live™ . The copyright and all other intellectual property rights in the Content are the sole and exclusive property of BusinessPoint Live™ or its licensors.

6.3 Some of the information on the Website has not been provided by BusinessPoint Live™ or its members and has been provided by third parties as such BPL does not warrant or guarantee this information in any way. All intellectual property rights in Third Party Software vest with the relevant third party or its licensors. Separate end-user licenses, the terms of which BusinessPoint Live™ shall provide on request, may govern Third Party Software. By using the Website to access Third Party Software, the Member agrees to be bound by the terms of the relevant end-user licenses.

6.4 BusinessPoint Live™ makes no representations or warranties of any kind about the suitability, reliability, timeliness, and accuracy of the information contained on the Website or advice provided by Network Business Advisors for any purpose or about the functionality or availability of the Website. BusinessPoint Live™ expressly disclaims all warranties and conditions with regard to this information, including, without limitation, warranties of technical efficiency, satisfactory quality, availability, non-infringement, completeness and fitness for a particular purpose.

6.5 The Member may view the Website on its computer screen and print its contents on its printer for its personal use only. For the avoidance of doubt, anything printed will form part of the Content.

6.6 Without BusinessPoint Live™ 's written consent, the Member may not use, transfer, copy or reproduce any part of the Content, the Website or its source HTML or C# code in whole or in part, in any form or by any means, electronic, mechanical or otherwise, except for the sole purpose of viewing or printing its content as set out above. This includes electronic reproduction by uploading or downloading.

6.7 All contents of this Website are (unless otherwise indicated) copyright © 2009 IBC Technology Ltd. All rights, in each case, are reserved by IBC Technology Ltd.

7. REPRESENTATIONS AND LIMITATIONS
7.1 The BusinessPoint Live™ makes no warranties or representations with regard to any third parties or the services and goods available from them.

7.2 The Member may not use this system to sell any goods or services to anyone other than Members, Network Business Advisors, Partners, Sponsors or other Internet users through the Website that are linked to it.

8. DISCLAIMER - NO WARRANTIES EXCEPT AS EXPRESSED IN AGREEMENT
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON BUSINESSPOINT LIVE™ , ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR BUSINESSPOINT LIVE™ AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BUSINESSPOINT LIVE™ OR ANYTHING RELATED TO BUSINESSPOINT LIVE™ , YOU MAY LEAVE BUSINESSPOINT LIVE™ AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

BUSINESSPOINT LIVE™ IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH BUSINESSPOINT LIVE™ TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

BUSINESSPOINT LIVE™ DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY ; THEREFORE, BUSINESSPOINT LIVE™ DECLINES ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.

BUSINESSPOINT LIVE™ DOES NOT GUARANTEE THAT THE SERVICES WHICH IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THEIR OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. BUSINESSPOINT LIVE™ DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BUSINESSPOINT LIVE™ DISCLAIMS ALL LIABILITY FOR ANY MISFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE BUSINESSPOINT LIVE™ SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON UNRELATED TO BUSINESSPOINT LIVE™

9. LIMITATION ON LIABILITY
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither BusinessPoint Live™ corporation nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“BusinessPoint Live™ Affiliates”) shall be liable for (1) any damages in excess of five times the most recent monthly fee that you paid for a premium account, if any, or $100, whichever amount is greater, or (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from BusinessPoint Live™ even if BusinessPoint Live™ is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

a. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and

b. not apply to any damage that BusinessPoint Live™ Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this Agreement.

10. NETWORK BUSINESS ADVISOR CONDUCT POLICIES
10.1 The Network Business Advisor or NBA shall conform to all of the Member Policies below and on registration as NBA also comply with the following:

The Network Business Advisor shall:

10.1.1 Act with openness, honesty and integrity in their dealings with clients, members, advisors and BusinessPoint Live™ ;

10.1.2 answer at least two questions per Member inquiry and acknowledge receipt of inquiries through the “Question” facility on the Website, and other inquiries from Members, forwarded by BusinessPoint Live™ within two business days;

10.1.3 acknowledges that all transactions between the NBA and other Members including but not limited to advice and other services, are solely between the NBA and the relevant Member;

10.1.4 respond to Member inquiries with clear and concise answer that demonstrates the NBA's expertise in the issue beyond just referencing a brochure, manual, or other pre-prepared information;

10.1.5 if it receives a question from outside it's Service expertise, the NBA will inform the BPL question manager, inform the asking Member, and carry out instructions as to the re-routing of the question.;

10.1.6 comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;

10.1.7 provide accurate information to us and update it promptly as necessary;

10.1.8 review and comply with notices sent by BusinessPoint Live™ concerning BusinessPoint Live™

10.1.9 be an employee, director, owner, or sole proprietor of a registered business

The Network Business Advisor shall not:

10.2.1 add any excess fees or increase pricing in anyway, in the case of an inquiry evolving to a service contract or actual business between the parties;

10.2.2 use profane, offensive, racist, or sexist language in any responses;

10.2.3 represent in any manner that their responses represent to the views of anyone but their own, including but not limited to BusinessPoint Live™ or its officers, directors, employees, or partners;

10.2.4 damage, interfere with or disrupt access to the Website or do anything that might impair its functionality;

11. MEMBER CONDUCT POLICIES
11.1 The Member shall, on registration, provide BusinessPoint Live™ with accurate, complete, and updated information including the Member's legal name, address, telephone numbers and the Chamber of Commerce registration number (if applicable) for purposes of identification, advice and marketing. The Member shall notify the BusinessPoint Live™ within thirty days of any changes in this information.

11.2 The BusinessPoint Live™ reserves the right to monitor and track the Member's visits to the Website.

The Member shall:

11.2.1 be at least 18 years of age to use the Website or access or use the equipment in any manner;

11.2.2 be an employee, director, owner, or sole proprietor of a registered business;

11.2.3 comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;

11.2.4 provide accurate information to us and update it promptly as necessary;

11.2.5 acknowledge that all transactions between the Member and BusinessPoint Live™ 's Network Business Advisors including but not limited to advice and other services, are solely between the Member and the relevant Network Business Advisors. The BusinessPoint Live™ makes no warranties or representations whatever with regard to any goods or software or services provided by its Network Business Advisors. The BusinessPoint Live™ shall not be a party to any transaction between a Member and any third party, or be liable for any cost or damage arising either directly or indirectly from any action or inaction of the Member or third party;

11.2.6 review and comply with notices sent by BusinessPoint Live™ concerning BusinessPoint Live™

11.2.7 be an employee, director, owner, or sole proprietor of a registered business

The Member shall not:

11.3.1 impersonate another person or use a false name or a name it is not authorized to use, or create a false identity or origin or email address or try to mislead the BusinessPoint Live™ or others as to identity or origin of any communications or to provide inaccurate or unreliable data;

11.3.2 duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit or provide to a competitive service, any BusinessPoint Live™ information (excluding content posted by you) except as permitted in the this Agreement;

11.3.3 make available or upload files that contain software or other material, data or information not owned by or licensed to the Member or collect information about others (such as names or addresses) without their consent;

11.3.4 damage, interfere with or disrupt access to the Website or do anything that might impair its functionality;

11.3.5 use the Website in any way to send any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

11.3.6 publish, post, distribute, disseminate or otherwise transmit, defamatory offensive, infringing, obscene, indecent or other unlawful or objectionable material or information;

11.3.7 make available, upload or distribute by any means any material or files that contain any viruses, bugs, corrupt data, "trojan horses", "worms", or any other harmful software;

11.3.8 falsify the true ownership of software or other material or information contained in a file made available via the Website;

11.3.9 rent, lease, loan, trade, sell/re-sell access or transfer/sell the Member's user name and password to BusinessPoint Live™ or transfer any access information therein, or the equivalent, in whole or part to another party;

11.3.10 obtain or attempt to obtain unauthorized access, through manual or automated software, devices, scripts robots or whatever means, to access, “scrape,” “crawl” or “spider” any web pages contained in the site;

11.3.11 reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide BusinessPoint Live™ , or any part thereof;

11.3.12 imply or state, directly or indirectly, that you are affiliated with or endorsed by BusinessPoint Live™ unless you have entered in to a written agreement with BusinessFirst Connect (BVI) Ltd (this includes representing yourself as an accredited BusinessPoint Live™ trainer if you have not been certified by BusinessPoint Live™ as such);

11.3.13 adapt, modify or create derivative works based on BusinessPoint Live™ or technology underlying the Services, or other Users’ content, in whole or part;

11.3.14 deep-link to the Site for any purpose, (i.e. including a link to a BusinessPoint Live™ web page other than BusinessPoint Live™ ’s home page) unless expressly authorized in writing by IBC Technology Ltd or for the purpose of promoting your profile or a Group on BusinessPoint Live™ ;

11.3.15 access, reload or “refresh” or make any other request to transactional servers more than once during any three second interval and/or engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;

11.3.16 access, via automated or manual means or processes, BusinessPoint Live™ for purposes of monitoring its availability, performance or functionality or for any competitive purpose;

11.3.17 engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of BusinessPoint Live™ ’s website;

11.3.18 remove any copyright, trademark or other proprietary rights notices contained in or on BusinessPoint Live™ , including those of both BusinessPoint Live™ or any of its licensors;

11.3.19 infringe or use BusinessPoint Live™ ’s brand, logos and/or trademarks, including, without limitation, using the words “BusinessPoint Live™ ” in any business name, email, or URL or including BusinessPoint Live™ ’s trademarks and logos on any website without authorization;

12. APPLICABLE LAW AND ARBITRATION
12.1 UNITED KINGDOM RESIDENTS

12.1.1 Choice of Law: The Agreement and any disputes with us or any BusinessPoint Live™ Affiliate arising out of or relating to the Agreement or BusinessPoint Live™ (“Disputes”) shall be governed by English law. The parties submit to the non-exclusive jurisdiction of the English courts.

12.1.2 Regulations: The specific regulations that apply to the delivery of this service are De Minimis Aid.

12.2 UNITED STATES AND REST OF WORLD RESIDENTS

12.2.1 Choice of Law: The Agreement and any disputes with us or any BusinessPoint Live™ Affiliate arising out of or relating to the Agreement or BusinessPoint Live™ (“Disputes”) shall be governed by California law, excluding conflicts of law principles and excluding the CISG.

12.2.2 Agreement to Arbitrate and Pay Attorneys Fees: Any Disputes shall be resolved by final and binding arbitration under the rules and auspices of the American Arbitration Association, to be held in San Francisco, California, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration fees and reasonable attorneys’ fees of both parties to be borne by the party that ultimately loses.

12.2.3 Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.

12.2.4 Refundable Fee Advances for Consumers: If you are involved in a Dispute as a consumer without any commercial interests related to the Dispute, we will agree to conduct arbitration proceedings in a major City in your State if travel to California would constitute an undue burden for you, and we will advance any arbitration fees that exceed what you would have had to pay for court proceedings (if you substantiate and represent to us in a written statement what court proceedings would have cost) provided that you shall refund such amounts if we ultimately prevail in the arbitration.

13. GENERAL TERMS
13.1 ASSIGNMENT

13.1.1 The Member may not assign this Agreement or any of its rights or obligations under it, including its rights in the Member Service, without BusinessPoint Live™ 's written consent.

13.1.2 BusinessPoint Live™ may assign all or any of its rights under this Agreement.

13.2 NOTICES

13.2.1 Any notices or other communications under this Agreement shall be in writing and shall be deemed delivered to the party at the addresses referred to in the following paragraph: a) on the delivery date delivered personally to the party; b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; c) five business days after the mailing date, whether or not received, if sent by HM Post, return receipt requested; d) on the delivery date if transmitted by confirmed facsimile or e) on the delivery date if transmitted by confirmed email. Addresses for notices are as follows:



IBC Technology Ltd:

20315 McKean Road
San Jose, California 95120
Fax (UK): +44 (0) 1273 704 916
Fax (US): +44 (0) 1273 704 916
Email: manager@businesspointlive.com

The Member:

The address specified upon the Member's registration and, if none, the registered office address or, if none, the last known address of the Member.

13.3. MISCELLANEOUS

13.3.1 A failure of either party to exercise any right provided for in this Agreement shall not be deemed to be a waiver of that or any other right.

13.3.2 If any of the provisions of this Agreement or of any attachment is invalid or otherwise unenforceable, the enforceability of remaining provisions shall be unimpaired.

13.3.3 Neither party shall be liable in any amount for failure to perform any obligation under this Agreement if such failure is caused by the occurrence of any unforeseen contingency beyond the reasonable control of such party including without limitation fire, flood, war or act of God.

13.3.4 Neither party to this Agreement is an agent, representative, or partner of the other. Neither party shall have any right, power or authority to enter into any agreement for or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.

13.3.5 This Agreement sets forth the entire agreement of the parties and supersedes any and all prior agreements with respect to its subject matter.

13.3.6 None of this Agreement shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

Membership Services
FREE Member Services
  • Membership of an international business community for the commercial benefit of all its members
  • Free access to our team of Business Advisors and Service Providers with fully integrated transaction management
  • Free Access to Members Business Area
  • Free access to Web Conferences addressing the issues of the day
  • Discussion Board addressing the issues of the day
  • Business Topics
  • On-Line Business Services (charges may apply)
    • Business Development
    • Sales and Sales Management
    • Marketing
    • Training and Development
    • Employment Law Services
    • Business Intelligence
  • Library of Business Videos and Pod Casts Business Blog
  • National and Regional Events (charges may apply)
CHARGEABLE Member Services
  • Business Edition
  • Network Business Advisor/Supplier
  • Corporate Edition
For details of functions and pricing click here.
Home|Terms of Use|Contacts
BusinessPoint Live ©2010