Last Updated: 01/23/2023.
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE (THE “SITE”) OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL TERMS INCORPORATED HEREIN
BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER, TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL THE TERMS AND CONDITIONS, THEN DO NOT USE OUR SITE OR SERVICES.
The present terms and conditions (this “Agreement” or “Terms“) is a legal agreement between you and Ariston Enterprise Inc. (hereinafter “bir-biz.com“), a company duly organized and validly existing, located at 215 Encinitas Ave, San Diego, California 92114. This agreement annuls and voids all previous agreements.
OVERVIEW
Bir-biz.com operates the Site (www.bir-biz.com). Throughout the Site, the terms “we,” “us,” and “our” refer to birbiz.com. bir-biz. com offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our Site and purchasing something from us, you engage in our “Service.” Accordingly, you agree to be bound by the following terms and conditions, including those additional terms and conditions and policies referenced herein and available by hyperlink. These Terms apply to all Site users, including, without limitation, users who are browsers, vendors, customers, merchants, and contributors of Content. In the event of an inconsistency between this agreement and terms or policies, the provisions of the policies shall control.
Please read these Terms carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms. If you do not agree to all the Terms of this Agreement, you may not access the Site or use any Service. If these Terms are considered an offer, acceptance is expressly limited to these Terms.
Any new features or tools added to the current store shall also be subject to the Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and changes to our Site. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site after posting any changes constitutes acceptance of those changes.
SECTION 1 – GENERAL TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence. You have given us your consent to allow you, and your minor dependents, to use this Site.
You may not use our products or Site for any illegal or unauthorized purpose, nor may you, in the use of our products or Site, violate any laws in your jurisdiction (including but not limited to motor vehicle laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will immediately terminate your account and right to use our Service.
We have the right, but not the obligation, to take any of the following actions in our sole discretion at any time and for any reason without giving you any prior notice:
- Restrict, suspend, or terminate your access to all or any part of our Site;
- Change, suspend, or discontinue all or any aspect of our products or Site;
- Refuse, move, or remove any content that is available on all or any part of our Site;
- Deactivate or delete your accounts;
- Establish general practices and limits concerning the use of our Site.
You agree that we will not be liable to you or any third party for these actions.
You understand and agree that our Site may include communications such as service announcements and administrative or legal notices from us. Please note that you cannot opt out of receiving these notices.
You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Therefore, credit card information shall always be encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site, use the Site, or access to the Site or any contact on the Site, without express written permission by us.
You may not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or exploit any of the Content, in whole or in part, found on the Site. bir-biz.com content is not for resale. Use of the Site does not entitle users to make any unauthorized use of any protected content. In particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected Content solely for your personal use and will make no other use of the Content without the express written permission of bir-biz.com and the copyright owner. You agree that you do not acquire ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of bir-biz.com or our licensors except as expressly authorized by these Terms.
SECTION 2 – CREATING AN ACCOUNT
Once you create an account with us, you are registered on the bir-biz.com Site. The terms “member,” “membership,” and “account” all refer to this registration as a member of bir-biz.com’s Site. If browsing the Site and have not created an account, do not agree to use of the Site.
You will provide a unique username and email when you create an account. We will also ask you to create a password. Because any activities that occur under your username or password are your responsibility, you need to keep your username and password secure. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that bir-biz.com is not responsible for third-party access to your account that results from theft or misappropriation of your account. Notify us immediately if you believe someone has used your username, email, or password without authorization.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
- Furnish factual, correct, current, and complete information with regards to yourself as may be requested by the data registration process, and
- Maintain and promptly update your registration and profile information to maintain accuracy and completeness at all times.
Suppose anyone knowingly provides any information of a false, untrue, inaccurate, or incomplete nature. In that case, Ariston Enterprise Inc. will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the agreement and, as such, refuse any current or future use of Ariston Enterprise Inc. Services or any portion thereof.
SECTION 3 – CONDUCT
You are solely responsible for any Content posted, uploaded, emailed, transmitted, or otherwise made available by the bir-biz-com Services. As such, we do not guarantee the accuracy, integrity or quality of such Content.
Furthermore, you herein agree not to make use of Ariston Enterprise Inc.’s Services for:
- Uploading, posting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and racially, ethnically, or otherwise objectionable;
- causing harm to minors in any manner whatsoever;
- impersonating any individual or entity, including, but not limited to, any bir-biz.com officials, forum leaders, guides, or hosts, or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;
- Forging captions, headings, or titles or otherwise offering any content that you have no right to
- according to
- any law nor having any contractual or fiduciary relationship with;
- Uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;
- Uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to provide under any law or by any contractual or fiduciary relationship;
- Uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except in any such areas that have is designated for such purpose;
- Uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and programs designed to interfere, destroy and limit the operation of any computer software, hardware, or telecommunication equipment;
- Disrupting the normal flow of communication or otherwise acting in any manner that would negatively affect other users ability to participate in any real-time interactions;
- Interfering with or disrupting any Ariston Enterprise Inc.Services, servers, and networks that connect or are related to our website, including, but not limited to, the use of any device software and routine to bypass the robot exclusion headers;
- Intentionally or unintentionally violating any local, state, federal, national, or international law, including, but not limited to, rules, guidelines, and regulations decreed by the U.S. Securities and Exchange Commission, in addition to any directions of any nation or other securities exchange, that would include without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
- Providing informational support or resources, concealing and disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” by Section 219 of the Immigration Nationality Act;
- “Stalking” or with the intent to otherwise harass another individual; and
- We are collecting or storing any personal data relating to any other member or user concerning the prohibited conduct and activities outlined in the abovementioned paragraphs.
Ariston Enterprise Inc. herein reserves the right to pre-screen, refuse, and delete any available content through our Services. In addition, we reserve the right to remove and delete any such content that would violate the Terms or otherwise be considered offensive to other visitors, users and members.
Ariston Enterprise Inc. herein reserves the right to access, preserve and disclose member account information and Content requested by law or in good faith belief that any such action is deemed reasonably necessary for:
- Compliance with any legal process;
- Enforcement of the Terms;
- Responding to any claim that therein contained Content violates the rights of any third party;
- It protects the rights, property, or personal safety of Ariston Enterprise Inc., its visitors, users and members, and the general public.
Ariston Enterprise Inc. herein reserves the right to include security components that may permit digital information or material to be protected. The use of data and material is subject to guidelines and regulations established by Ariston Enterprise Inc. or any other content providers supplying content services to Ariston Enterprise Inc. We prohibit you from attempting to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, whether done so in whole or in part, is expressly prohibited.
SECTION 4 – GLOBAL USE; EXPORT/IMPORT COMPLIANCE
Due to the internet’s global nature, through our network, you with this agreement to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting, and transferring software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and
regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
- Are not on the list of prohibited individuals which may be identified on any government export exclusion report(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
- Agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
- Agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
- Agree not to post, transfer or upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and import laws.
SECTION 5 – SUBMITTED CONTENT
Ariston Enterprise Inc. shall not lay claim to ownership of any content submitted by any visitor, member, or user, nor make such Content available for inclusion on our website Services. Therefore, you, with this grant and allow for Ariston Enterprise Inc. the below listed worldwide, royalty-free and non-exclusive licenses, as applicable:
- The Content submitted or made available for inclusion on the publicly accessible areas of Ariston Enterprise Inc.’s sites. The license provided to permit to use, distribution, reproduction, modification, adaptation, public performance, and public display of said Content on our network Services is for the sole purpose of providing and promoting the specific area to which this Content is made available for viewing. This license shall be open so long as you are a member of Ariston Enterprise Inc.’s sites and shall terminate at such time when you elect to discontinue your membership.
- Photos, audio, video, and graphics submitted or made available for inclusion on the publicly accessible areas of Ariston Enterprise Inc.’s sites. The license provided to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display said Content on our network. These services are for the sole purpose of providing and promoting the specific area in which this Content was placed and made available for viewing. This license shall be open so long as you are a member of Ariston Enterprise Inc.’s sites and shall terminate at such time when you elect to discontinue your membership.
- The publicly accessible areas of Ariston EnterpriseI Inc sites are continuous, binding, and completely sub-licensable. Is meant The said Content, whether in whole or in part, and the incorporation of any such Content into other arrangement or medium currently used or later developed.
Those areas may be deemed “publicly accessible” areas of Ariston Enterprise Inc.’s Sites. Therefore, those areas of our network properties meant to permit the use will be available to the general public and include message boards and groups that are openly available to both users and members. However, those areas not open to the public and thus available to members only would include our mail system and instant messaging.
CONTRIBUTIONS TO THE COMPANY WEBSITE
Ariston Enterprise Inc. may provide an area for our users and members to contribute feedback to our website. When you submit ideas, documents, suggestions, and proposals (“Contributions“) to our Site, you acknowledge and agree that:
- Your contributions do not contain any confidential or proprietary information;
- bir-biz.com shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
- bir-biz.com shall make use of and disclose any such Contributions in any such manner as they may
see fit;
- The contributor’s Contributions shall automatically become the sole property of bir-biz.com; and
- bir-biz.com is under no obligation to compensate or provide any form of reimbursement in any manner or nature.
SECTION 6 – INDEMNITY
All users and/or members agree to insure and hold Ariston Enterprise Inc., our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, but is not limited to, reasonable attorney fees made by any third party which may arise from any content a member or user of our Site may submit. Post, modify, transmit or otherwise make available through our Services, the use of bir-biz.com Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
SECTION 7 – COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to bir-biz.com’s sites.
SECTION 8 – MODIFICATIONS
Ariston Enterprise Inc. reserves the right, at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or any third party for any such alteration, modification, suspension, or discontinuance of our Services or any part thereof.
SECTION 9 – TERMINATION
As a member of www.bir-biz.com, you may cancel or terminate your account, associated email address, and access to our Services by submitting a cancellation or termination request.
As a member, you agree that Ariston Enterprise Inc. may, without any prior written notice, immediately suspend, terminate, discontinue, and limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension, and limitation of access shall include, but is not limited to:
- Any breach or violation of our Terms or any other incorporated agreement, regulation, and guideline;
- by way of requests from law enforcement or any other governmental agencies;
- the discontinuance, alteration, and material modification to our Services, or any part thereof;
- unexpected technical or security issues and problems;
- any extended periods of inactivity;
- any engagement by you in any fraudulent or illegal activities; and
- The nonpayment of any associated fees that you may owe in connection with your www.bir-biz.com accountServices.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion and that we shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
The termination of your account with www.bir-biz.com shall include any and/or all of the following:
- the removal of any access to all or part of the Services offered within www.bir-biz.com;
- the deletion of your password and any and all related information, files, and any such content that may be associatedwith or inside your account, or any part thereof; and
- the barring of any further use of all or part of our Services.
SECTION 10 – LINKS
Either Ariston Enterprise Inc. or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third-party sites or resources. Furthermore, you acknowledge and agree that Ariston Enterprise Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
SECTION 11 – PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Ariston Enterprise Inc.’s Services and any essential software that may be used in connection with our Services (“Software”) shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you herein acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that which is expressly permitted by applicable law or as authorized by Ariston Enterprise Inc. or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works which are based on Ariston Enterprise Inc. Services (e.g. Content or Software), in whole or part.
Ariston Enterprise Inc. hereby grants you a personal, non-transferable and non-exclusive right and/or license to make use of the object code or our Software on a single computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or change the Software in any manner, nature or form, and as such, not to use any modified versions of the Software, including and without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree not to access or attempt to access our Services through any means other than through the interface which is provided by Ariston Enterprise Inc. for use in accessing our Services.
SECTION 12 – WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a)THE USE OF ARISTON ENTERPRISE INC. SERVICES AND SOFTWARE ARE AT THE SOLE RISK BY YOU.OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS.
ARISTON ENTERPRISE INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b)ARISTON ENTERPRISE INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS ANDLICENSORS MAKE NO SUCH WARRANTIES THAT (i) ARISTON ENTERPRISE INC. SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) ARISTON ENTERPRISE INC. SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED
FROM THE USE OF THE ARISTON ENTERPRISE INC. SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH
MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF ARISTONENTERPRISE INC. SERVICES OR SOFTWARE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE
RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- d)NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BYYOU FROM ARISTON ENTERPRISE INC. OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- e)A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY
OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY
HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 – LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT ARISTON ENTERPRISE INC. AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE
LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
SECTION 14 – RELEASE
In the event you have a dispute, you agree to release Ariston Enterprise Inc.(and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
SECTION 15 – NOTICE
Ariston Enterprise Inc. may furnish you with notices, including those with regards to any changes to the Terms, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the Terms by accessing our Services in an unauthorized manner. Your acceptance of this agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
SECTION 16 – INTELLECTUAL PROPERTY RIGHTS
You herein acknowledge, understand and agree that all of the Ariston Enterprise Inc.trademarks, copyright, trade name, service marks, and other Ariston Enterprise Inc.logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Ariston Enterprise Inc.. You herein agree not to display and/or use in any manner the Ariston Enterprise Inc.logo or marks without obtaining Ariston Enterprise Inc.’s prior written consent.
Ariston Enterprise Inc. will always respect the intellectual property of others, and we ask that all of our users do the same. With regards to appropriate circumstances and at its sole discretion, Ariston Enterprise Inc. may disable and/or terminate the accounts of any user who violates our Terms and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
- The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright orother intellectual property interest;
- A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
- A description of the location of the Site which you allege has been infringing upon your work;
- Your physical address, telephone number, and email address;
- A statement in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law;
- And finally, a statement, made under penalty of perjury, that the information in your notice is truthful and accurate and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner’s behalf.
The Ariston Enterprise Inc. agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address:
Ariston Enterprise Inc.
Attn: Copyright Agent
215 Encinitas Ave
San Diego, California 92114
Telephone: 000-000-0000
Fax: 000-000-0000
Email: yobuti@pacbell.net
SECTION 17 – ENTIRE AGREEMENT
This agreement constitutes the entire agreement between you and Ariston Enterprise Inc. It shall govern the use of our Services, superseding any prior version of this agreement between you and us concerning Ariston Enterprise Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Ariston Enterprise Inc. Services, affiliate Services, third-party Content, or third-party Software.
SECTION 18 – CHOICE OF LAW AND FORUM
At the mutual agreement of both you and Ariston Enterprise Inc. about the agreement, the laws of California shall govern the relationship between the parties. Any claims, causes of action, and disputes arising from or relating to the contract or the relationship between you and Ariston Enterprise Inc. is filed within the courts having jurisdiction within the County of San Diego, California, or the U.S. District Court located in said state. You and Ariston Enterprise Inc. agree to submit to the jurisdiction of the courts as previously mentioned and agree to waive any objections to exercising jurisdiction over the parties by such courts and to the venue in such courts.
SECTION 19 – WAIVER AND SEVERABILITY OF TERMS
At any time, should Ariston Enterprise Inc. fail to exercise or enforce any right or provision of the agreement, such failure shall not constitute a waiver of such right or provision. For example, suppose any provision of this agreement is invalid by a court of competent jurisdiction. In that case, the parties 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.
SECTION 20 – NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand, and agree that your account is non-transferable, and any rights to your I.D. and contents within your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
SECTION 21 – STATUTE OF LIMITATIONS
You acknowledge, understand and agree that any statute or law to claim or action arising from our Services or the Agreement must be filed within 2 years.
SECTION 22 – VIOLATIONS
Please report any and all violations of this Agreement to Ariston Enterprise Inc. as follows:
Mailing Address:
Ariston Enterprise Inc.
215 Encinitas Ave
San Diego, California 92114
Telephone: 000-000-0000
Fax: 000-000-0000
Email: yobuti@pacbell.net
SECTION 23 – GOVERNMENT REQUESTS
We will cooperate with governmental requests, subpoenas, or court orders, to protect our systems. We may access and disclose any necessary information to ensure the integrity and operation of our business and systems. Your information, I.P. address, and usage history—our right to disclose any such information will be governed by the terms of our Privacy Policy.
SECTION 24 – FOREIGN ACCESS TO THE SITE
The Site is controlled, operated, and administered by bir-biz.com from our offices in the USA. If you access the Site from outside the USA, you are responsible for compliance with all local laws. You agree that you will not use bir-biz.com’s Content accessed through the Site in any country or manner prohibited by applicable laws, restrictions, or regulations.
SECTION 25 – ERRORS, INACCURACIES, AND OMISSIONS
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on the Site or any related Site is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information on the Site or any related Site, including pricing information, except as required by law. No specified update or refresh date applied on the Site or any affiliated Site should be taken to indicate that all information on the Site or any related Site has been modified or updated.