TURNKEY BUSINESS SOLUTION
TERMS OF SERVICE
Terms & Conditions:
This page states the "Terms and Conditions" under which You may use
www.Negoish.com (the "Website") and any goods, services or information
available on the Website. Please read this page carefully. If You do
not accept the Terms and Conditions stated here, do not use this Website
and services. By using this Website, You are indicating Your acceptance
to be bound by the terms of these Terms and Conditions. Negoish.com
(the "Company") may revise these Terms and Conditions at any time by
updating this page. You should visit this page periodically to review the
Terms and Conditions, because they are binding on You. If at any time
You find the Agreement unacceptable You should no longer use the Website.
The terms "You" and "User" as used herein refer to all individuals and/or
the entities they represent (jointly and severally) accessing this Website
for any reason and include, but are not limited to as, "Buyer/Seller/Subscriber
/Client/Candidate" embedded OEM Partners, Sales Partners, Sales Alliances,
Sales Affiliates and Sales Contractors" (posting sales information opportunities
for sales dealmakers).
Use of Materials:
The Company authorizes You to view the Material (defined below) on the
Website solely for the purpose of locating oem sales and sales force opportunities
for sales dealmakers. You may not "scrape" or view and use the Materials (defined
content of this Website, such as text, graphics, images, logos, button icons, and User
Content (as defined below) (collectively, "Material") is protected under copyright
and other laws. All Material is the property of the Company, its content suppliers
or users. The compilation, duplication, and replication (meaning the collection,
arrangement and assembly) of all content on this Website is the exclusive property
of the Company and protected by copyright laws. Unauthorized use of the Material
may violate copyright and other laws. You must retain all copyright, service
mark and other proprietary notices contained in the original Material on any copy
You make of the Material. You may not sell or modify the Material or reproduce,
display, publicly perform, distribute, or otherwise use the Material in any way for
You may not "frame" the Materials or display the Material through any other URL
or in conjunction with another company name or copyright without Negoish.com
expressed approval in writing. You shall not copy the HTML code that the
Company creates to generate its Webpages.
third parties to use this Site for any reason. You may not decompile, disassemble or
reverse engineer any of the software comprising or in any way making up a part of
the Website. You may not violate or attempt to violate the security of the Website,
including, without limitation, unauthorized access of data; circumventing authentication
mechanisms; or interfering with the Site in any way. You may not use any engine,
software, tool, agent or other device or mechanism (including but not limited to,
browsers, spiders, avatars or BOTs/intelligent agents) to navigate or search the
Website other than as provided through the Website and/or a standard third party
browser (e.g., Netscape Navigator, Microsoft Explorer).
In the event any sales dealmaker licensed, contracted, or subscriber through
Negoish.com is terminated for just contract cause within thirty (30) calendar
days of the commencement date of termination, Negoish.com will not pay any
transactions to said, sales dealmaker. This guarantee is not applicable if the services
relationship is terminated because the sales dealmaker has stopped doing business.
Fees and Payment:
Buyers/Sellers/Subscribers/Clients pay the fees in the process of buying sales
related products on Negoish.com websites. Negoish.com shall invoice Customers
effective on the transaction date (date of purchase) for the transaction fee and
Customer shall pay the transaction fee to Negoish.com within 10 days of the
effective invoice date. Negoish.com through proprietary exchangeware pays oem
partners, sales partners, sales alliances, sales affiliates and sales contractors net 10
business days upon receipt of funds.
Sales Dealmaker Certification and Qualification:
Buyers/Sellers/Subscribers/Clients submitting oem sales and sales force opportunities
to embedded companies must comply with the certification/qualification process
internal to Negoish.com. Submitting companies must certify that:
a) the phone or face to face sales analyzer/interview has taken place.
b) the sales dealmaker is Qualified, Interested, and Available for sales related products.
c) the sales dealmaker meets all minimum sales requirements by Negoish.com
d) the sales opportunity was not submitted by another Negoish.com supplier.
Registration & User Information:
The Company may require that You register and provide the Company with certain
information including, name, mailing address and a valid email address (Your "
Buyers/Sellers/Subscribers/Clients Information"). The Company will not disclose
to any third party Your name, mailing address, e-mail address or telephone number
necessary or appropriate to comply with applicable laws or in legal proceedings where
such information is relevant. The Company may offer additional sales related products
to You based on the preferences that You provide in Your registration and at any time
thereafter; such offers may be made by the Company or Buyers/Sellers/Subscribers/
Clients of Company.
Except as set forth herein, the Company will not disclose any User Information it
gathers from embedded "Buyers/Sellers/Subscribers/Clients" OEM Partners, Sales
Partners, Sales Alliances, Sales Affiliates and Sales Contractors" (posting sales
information opportunities for sales dealmakers or You to companies not associated
with the Company. Any User Information provided to "Buyers/Sellers/Subscribers
/Clients/Candidates" entities with the Company will be treated in accordance with
circumstances the Company may release User Information when the Company
believes, in good faith, that such release is reasonably necessary:
protect the rights, property or safety of the Company, others. The Company may
also provide User Information to OEM partners and exchangeware service providers
("Vendor/Service Providers") where it is necessary in order for such Vendors to
(1) provide us with products and services related to our Website or (2) provide
You with a service requested by You. The security of Your User Information is very
important to us. The Company will use reasonable security measures to protect the
User Information. Despite these security measures, the Company does not represent
or warrant that User Information will be protected against loss, misuse or alteration.
The Company additionally collects information about You and Your use of the site
the Company's systems, please contact the Company at:
214 North 5th Street - #2
Emmaus PA. 18049
Users are responsible for their communications and postings that includes, but is
not limited to, sales force opportunities ("User Content"). The Company does not
have an obligation to assess or guarantee the accuracy or appropriateness of the
communications or postings (even if Company elects in its discretion to attempt
to do so). You agree not to send communications or make postings that infringe or
breach another party's intellectual property rights, contract rights or other rights
(including copyrights, trademark rights or trade secret rights). You agree not to
send inappropriate communications or make inappropriate postings, including but
not limited to, communications and postings that are obscene, defamatory, threatening,
harassing, abusive, hateful, or embarrassing to another user or any other person or
entity, sexually-explicit, solicitations of business, chain letters or pyramid schemes.
The Company is not responsible for any User Content or actions or omissions in
response to User Content. By submitting User Content, You grant the Company
and its "Buyers/Sellers/Subscribers/Clients" the royalty-free, perpetual, irrevocable,
sublicenseable (through multiple tiers), non-exclusive right (including any moral rights)
and license to use, reproduce, distribute, display and create derivative works from,
distribute, communicate to the public, perform and display the User Content
(in whole or in part) worldwide and/or to incorporate it in other works in any
form for the full term of any rights that may exist in such content or User Information,
that You have the right through ownership, license or consent to submit the User
Subject to the foregoing, the owner of such User Content and User Information
retains any and all rights that may exist in such content. The Company may elect
to, in its sole discretion, investigate and take action based on allegations by a party
required to do so). The Company need not verify or assess the accuracy of any User
Content or User Information.
Registration and Web Password:
You are responsible for maintaining the confidentiality of Your information and
Web password. You may not share Your password with others (except that a
company may share its password with authorized "clients" of the company). You
shall be responsible for all uses of Your registration, whether or not authorized by You.
You agree to immediately notify the Company of any unauthorized use of Your
registration or password.
The Company's Liability:
This Website facilitates sales dealmakers posting sales force opportunities and sales
force analyzers and searching available opportunities. The Company is a party to
any relationships entered into between clients, but the Company is not liable for
any act or omission by any client. You are solely responsible for the form, content
and accuracy of any '"Client" User Content.
THE COMPANY DOES NOT WARRANT THAT THE WEB SITE WILL
OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE
FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE
NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE
COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE
AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY
WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT
PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE
COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY,
COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE,
TEXT, GRAPHICS, AND LINKS.
Promise Not to Sue & Indemnity:
You promise not to sue the Company and hereby waive any and all claims against
the Company from any liability arising out of or related to the acts or omissions of
other users "Buyers/Sellers/Subscribers/Clients" embedded OEM Partners,
Sales Partners, Sales Alliances, Sales Affiliates and Sales Contractors" (posting
sales information opportunities for sales dealmakers. You agree to defend, indemnify,
and hold harmless the Company, its officers, directors, employees and agents, from
and against any claims, actions or demands, including without limitation reasonable
legal and accounting fees, alleging or resulting from Your breach of these Terms
of Use, or use of the Material or User Content. The Company shall provide notice
to You promptly of any such claim, suit, or proceeding and shall assist You, at
Your expense, in defending any such claim, suit or proceeding.
The Website may contain links to third party websites as a convenience. The Company
is not responsible for the content of linked third-party sites and does not make any
representations regarding the content or accuracy of materials on such third party
Web sites. If You decide to access linked third party Web sites, You do so at Your
No Resale or Unauthorized Use:
You agree not to resell or assign Your rights or obligations under these Term of Use.
You also agree not to make any unauthorized use of the Website.
Limitation of Liability & Disclaimer of Consequential Damages:
The aggregate liability for the Company, "Buyers/Sellers" embedded Sales
Partners, Sales Alliances, Sales Affiliates, and Sales Contractors" (posting sales
information opportunities for sales dealmakers. of the company to You for all
claims arising from or related to the use of the Materials, user content or other
goods or services provided through the Website is limited to one hundred dollars.
IN NO EVENT SHALL THE COMPANY, "Buyers/Sellers" embedded Sales
Partners, Sales Alliances, Sales Affiliates, and Sales Contractors" (posting sales
information opportunities for sales dealmakers OR ANY THIRD PARTIES
MENTIONED ON THE WEB 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 THE WEB SITE
AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT,
TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
The Company reserves the right, at its sole discretion, to terminate Your
use of the Website at any time for any reason, in which case, You would
receive a refund for any amounts paid for services not yet rendered if
Your right of continued use of the Material or Site. To the maximum extent
allowed by law, the Company may deny any company or person the right
to use the Material or Website.
The Company makes no claims that the Materials may be lawfully viewed
or downloaded outside of the United States. Access to the Materials may
not be legal by certain persons or in certain countries. If You access the
Website from outside of the United States, You do so at Your own risk
and are responsible for compliance with the laws of Your jurisdiction.
These Terms and conditions are governed by the internal substantive laws
of the Florida, without respect to its conflict of laws principles. Jurisdiction
and venue for any claims arising under this agreement shall lie exclusively
with the state or federal courts within Florida. If any provision of these
Terms and Conditions are found to be invalid by any court having competent
jurisdiction, the invalidity of such provision shall not affect the validity of the
remaining provisions of these Terms and Conditions, which shall remain in
full force and effect. No waiver of any term of these Terms and Conditions
shall be deemed a further or continuing waiver of such term or any other term.
Except as expressly provided otherwise, these Terms and Conditions constitute
the entire agreement between You and the Company with respect to the use of
Website, the Materials, User Information and User Content. No changes to these
Terms and Conditions shall be made except by a revised posting on this page.
A Voicestars, Inc. Company
Mark Paul Braunstein
Chairman, President and C.E.O.
214 North 5th Street - #2
Emmaus PA. 18049
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