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TERMS OF USE of the AskJimSM Web site

We hope you are finding the AskJim.biz website, the forum and other associated resources (hereinafter referred to as "Ask Jim") useful and enjoyable. As you may, or may not know, Ask Jim is owned and operated by Small Business Network, Inc. of Florence, Alabama, hereafter SBN. SBN wants to make sure that our respective rights and responsibilities related to Ask Jim are clear. SBN offers these resources as a service to you subject to the following terms and conditions of use ("Terms"). By accessing, creating or contributing in any way to Ask Jim, which is hosted at http://www.AskJim.biz, and in consideration for the service that SBN provides to you, you agree to abide by these Terms.

1. Disclaimer of Warranties and Limitation of Liability

This site is provided on an "as is" and "as available" basis. SBN makes no representations or warranties of any kind, express or implied, as to the site's operation or the information, content or materials included on this site, nor do the Contributing Experts that have contributed content to Ask Jim. To the full extent permissible by applicable law, SBN, including its editors, and the Contributing Experts hereby disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for any particular purpose. SBN, its editors and the Contributing Experts will not be liable for any damages of any kind arising from the use of or inability to use this site. You expressly agree that you use this site, and the information found here, solely at your own risk.

SBN, its editors and the Contributing Experts, make no warranty that the information on Ask Jim will meet your requirements, or are applicable to your business. Ask Jim is for small business owners and SBN knows that small business owners are among the most intelligent people on earth. Therefore, do not blindly follow any advice found on Ask Jim. Ask Jim is intended only to help you identify ways to improve your business. It is up to you, as an educated and informed business person, to then take this information and consult with an expert that can advise you on your specific situation.

These posts are not legal or financial advice and are written for the eyes of small business owners. Views expressed here should be double-checked for accuracy and current applicability.

2. Rights in the Content You Submit

As a user, any content you submit, after acceptance by SBN, will only be displayed in the Forum section. Any and all works of authorship copyrightable by you and posted by you to Ask Jim are submitted under a fully paid-up license to SBN. Under this license, you permit SBN to copy, distribute, display and perform your Content, royalty-free. You also permit SBN to distribute derivative works of your Content and to grant sublicenses to anyone.

Amongst other things, at SBN's discretion, this license may permit RSS aggregators to copy, distribute, display and perform any Content that you submit. Further, your submission does not create any obligation on SBN to publish your submitted Content.

3. Conduct

SBN believes deeply in free speech. However, SBN reserves the right to not post any content that you may submit, or remove any post that may be posted. As a general matter, SBN will attempt to remove any content that is illegal, obscene, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or otherwise injurious or objectionable to SBN. However, SBN's filters are far from perfect. You may not use SBN's name, or any of SBN's trademarks (including the AskJim trademark), to endorse or promote any product, opinion, cause or political candidate. Representation of your personal opinions as endorsed by SBN is strictly prohibited.

By submitting content to the Ask Jim, you warrant and represent that you either own or otherwise control all of the rights to that content, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content, or that your use of the content is a protected fair use. You agree that you will not knowingly and with intent to defraud provide material and misleading false information. You represent and warrant also that the content you supply does not violate these Terms, and that you will indemnify and hold SBN harmless for any and all claims resulting from content you supply.

You acknowledge that SBN will pre-screen and regularly review posted content, but that SBN shall have the right to remove in SBN's sole discretion any content that SBN considers to violate these Terms or for any other reason.

You understand that all content posted to Ask Jim by users is the sole responsibility of the individual who originally submitted the content. You understand, also, that all opinions expressed by users of this site are expressed strictly in their individual capacities, and not as representatives SBN.

You agree that SBN will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on this site. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

4. Privacy Policy

The nature of a resource like Ask Jim is to reach a public audience. Please be aware that any information that you submit to SBN whether through forms or email, including personally identifiable information, may be publicly displayed, or on websites within or not within our control. If you don't want others to see such information, don't submit it. SBN may publicly display the IP addresses of visitors and contributors. SBN may use your IP address to help diagnose problems with our server, to tailor site content and to format the site and software to user needs, and to generate aggregate statistical reports. SBN may use aggregate visitor data to prepare publicly displayed reports regarding the traffic on individual Web sites, site popularity rankings, and referrers that visitors use to access individual sites.

5. Modification of These Terms of Use

SBN reserves the right to change, at any time, at SBN's sole discretion, the Terms under which these Services are offered. You are responsible for regularly reviewing these Terms (Monthly). Your continued use of the Services constitutes your agreement to all such Terms.

6. Intellectual Property

SBN respects the intellectual property of others, and requires that our users do the same. Therefore, everything on Ask Jim is protected by copyright law and may only be reproduced with the prior written permission of SBN. Reproduction, duplication, distribution, derivative works, and other unauthorized copying or use of stills, audio, video footage, or any other materials contained herein are expressly prohibited. If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please report it to SBN immediately.

Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by SBN infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to Ask Jim should be sent to:

By Mail:
Ms. Davonna Hickman
Small Business Network, Inc.
503 E. Tuscaloosa St.
Florence, Al 35630

7. Links

Ask Jim provides links to other websites and resources. Because SBN has no control over these sites and resources, you acknowledge and agree that SBN does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. SBN is providing these links to you only as a convenience. SBN has the right, but not the obligation to block links from or to the Ask Jim at any time.

8. Termination

You agree that SBN, in its sole discretion, may terminate your use of Ask Jim or any part thereof, at any time and for any reason, including if SBN believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that SBN will not be liable to you or any third party for any termination of your access to Ask Jim.

9. Miscellaneous

These Terms of Use is governed by and construed in accordance with the laws of the State of Alabama, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the State of Alabama, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to the Ask Jim or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. SBN may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

Use of Ask Jim constitutes acceptance of these Terms. You acknowledge that you have read and are bound by the Terms. Please do not hesitate to contact SBN if you have questions.

© 2006, Small Business Network, Inc., All Rights Reserved.