TERMS OF USE

The Site Content

African Business Access is a product of Ennovative Solutions, Inc. The contents of African Business Access Site, such as information, graphics, images, are for informational purposes only and is not intended to be a substitute for professional advice or an endorsement of any business' products and/or services. We ask that you always conduct a background check and do your due diligence before using the services of any member on this website. African Business Access does not recommend or endorse any member, products, services, opinions, or other information that may be mentioned on the Site. Relying on information on this website, African Business Access employees, or other visitors to the Site is solely at your own risk. The Site may contain materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.

African Business Access Community

In consideration of being allowed to use African Business Access website, you agree that any of the following actions shall constitute a material breach of these Terms and Conditions:

  1. Impersonating another person
  2. Distributing viruses or other harmful computer code
  3. Posting unapproved advertisements
  4. Using a Public Area for any purpose in violation of local, state, national, or international laws
  5. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others
  6. Allowing any other person or entity to use your identification for posting or viewing comments
  7. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by African Business Access in its sole discretion
  8. Continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed after receiving a warning
  9. Posting chain letters or pyramid schemes
  10. Harvesting or otherwise collecting information about others, including email addresses, without their identification for posting or viewing comments
  11. Posting the same note more than once or "spamming"
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of African Business Access, exposes African Business Access or any of its customers or suppliers to any liability or detriment of any type.

African Business Access Reserves the Right to:

  1. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms and Conditions.
  2. Terminate a user's access to any or all Public Areas and/or the African Business Access Site upon any breach of these Terms and Conditions.
  3. In its sole discretion to remove or request the removal of the communication(s) it finds in violation to the terms and conditions of this website
  4. Monitor, edit, or disclose any communication in the Public Areas.
  5. Edit or delete any communication(s) posted on the African Business Access Site, regardless of whether such communication(s) violate these standards.

Notice and Takedown Procedures

If you believe any materials accessible on or from the Site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting African Business Access' at info@AfricanBA.com and providing the following information:

  1. Identification of the copyrighted work that you believe to be infringed.
    1. Please describe the work
    2. Where possible include a copy or the location (e.g., URL) of an authorized version of the work. Identification of the material that you believe to be infringing and its location.
    3. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  2. Your name, address, telephone number and (if available) e-mail address.
  3. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  4. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
  5. A signature or the electronic equivalent from the copyright holder or authorized representative.

African Business Access agent for copyright issues relating to this web site is as follows:

9494 Southwest Freeway Suite 410
Houston TX, 77074
Email: info@AfricanBA.com
Call: 713.249.3735
In an effort to protect the rights of copyright owners, African Business Access maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Indemnity

You agree to defend, indemnify, and hold African Business Access, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

Children's Privacy

This Site is not intended or designed to attract children under the age of 13. We are committed to protecting the privacy of children. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

General

African Business Access is based in Houston, Texas, and makes no claims that the content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the African Business Access Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

Liability of African Business Access and Its Licensors

The use of African Business Access Site and the Content is at your own risk. African Business Access assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the African Business Access Site.

The African Business Access Site and the content are provided on an "as is" basis. AFRICAN BUSINESS ACCESS, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, African Business Access, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the African Business Access Site or African Business Access.
  2. The satisfaction of any government regulations requiring disclosure of information or the approval or compliance of any software tools with regard to the Content contained on the African Business Access Site.

In no event shall African Business Access, its licensors, its suppliers, or any third parties mentioned on the African Business Access Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the African Business Access Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not African Business Access, its licensors, its suppliers, or any third parties mentioned on the African Business Access site are advised of the possibility of such damages. African Business Access, its licensors, its suppliers, or any third parties mentioned on the African Business Access site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000.

African Business Access, its licensors, its suppliers, or any third parties mentioned on the African Business Access site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas. Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.

User Submissions — Content, Image, Video, Audio Files

  1. You agree to only post or upload Media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. By uploading any media on the African Business Access site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
  2. You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or this Web site.
  3. It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the African Business Access Advertising Policy and the African Business Access Privacy Policy.

By uploading any media like a photo or video;

  1. you grant to African Business Access a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media;
  2. you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes African Business Access to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media;
  3. you agree to indemnify African Business Access and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys' fees, arising from the media and/or your failure to comply with these the terms described in this document.

African Business Access reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion

Privacy

The personal information you submit to African Business Access is governed by the African Business Access' Privacy Policy. To the extent there is an inconsistency between this Agreement and African Business Access' Privacy Policy, this Agreement shall govern. You agree that you will not upload or transmit any communications or content of any type to the Public Areas that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to African Business Access by email, (including through the email addresses listed on the "Contact Us" page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to African Business Access by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to African Business Access by email
, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted-African Business Access a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. African Business Access may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to African Business Access by email. We try to answer every email in a timely manner, but are not always able to do so.

Passwords

African Business Access has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your African Business Access passwords or accounts. It is your sole responsibility to

  1. control the dissemination and use of activation codes and passwords;
  2. authorize, monitor, and control access to and use of your African Business Access account and password;
  3. promptly inform African Business Access of any need to deactivate a password. You grant African Business Access and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. African Business Access cannot and does not assume any responsibility or liability for any information you submit, or your or third parties' use or misuse of information transmitted or received using African Business Access tools and services.

African Business Access or its licensors have no liability or responsibility to users of the African Business Access Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Intellectual Property Rights

All rights, title and interests and the Content, including graphical display and arrangement are the property of African Business Access and its affiliates. As a user of African Business Access, you agree and acknowledge that:

  1. The Content, Submissions, Databases and any other information contained therein shall remain valuable intellectual property owned by, or licensed to African Business Access, and that NO proprietary rights are being transferred to you in such materials or in any of the content contained therein;
  2. You will not, directly or indirectly, use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than
    1. African Business AccessYour personal, non-commercial evaluation of Heath Care Providers;
    2. to compile mailing lists or other lists of professionals for commercial purposes;
    3. to establish independent data files or review your statistical information/reports;
    4. not to be in violation of any applicable laws or regulations,
  3. The rating system and methodology, and ratings of individual providers, are the property of African Business Access and may not be reproduced in any manner without our prior written permission.
  4. You shall not publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity.
  5. Infringement, misappropriation or misuse of the Content, Submissions, Databases and any other information contained in African Business Access that causes serious damage shall result in money damages and may not constitute sufficient compensation to African Business Access.
  6. In the event of any misappropriation or misuse, African Business Access shall have the right to obtain injunctive relief in addition to any other legal or financial remedies to which African Business Access may be entitled.

Notice of Enforcement

AFRICAN BUSINESS ACCESS vigorously enforces our intellectual property rights to the fullest extent of the law. Accordingly, AFRICAN BUSINESS ACCESS will prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases and any other information contained therein that violate the protection afforded by the United States and international copyright law and trademark law, and/or other state, federal, and international laws and regulations, including laws pertaining to contracts, and privacy and publicity.

Advertisements, Searches, and Links to Other Sites

African Business Access may provide links to third-party web sites. African Business Access also may select certain sites as priority responses to search terms you enter and African Business Access may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. African Business Access does not recommend and does not endorse the content on any third-party websites. African Business Access is not responsible for the content of linked third-party sites, sites framed within the African Business Access Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. African Business Access does not endorse any product, service, or treatment advertised on the African Business Access Site.

Release For Force Majeure

You absolve and release African Business Access and our affiliates from any claim of harm resulting from any cause(s) over which we or they do not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Copyright

The content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this User Agreement. Requests for permission to reproduce any of the prohibited Content should be addressed by sending an e-mail to info@AfricanBA.com, or writing to African Business Access, 9494 Southwest Freeway Suite 410, Houston, TX 77074

No Professional Advice

African Business Access is not a referral service and does not recommend or endorse any particular Business Professional. The content on the web site is presented in summary form, is general in nature, and is provided for informational purposes only.

We ask that you always conduct a background check and do your due diligence before using the services of any member on this website. African Business Access does not recommend or endorse any member, products, services, opinions, or other information that may be mentioned on the Site. Relying on information on this website, African Business Access employees, or other visitors to the Site is solely at your own risk.

You agree to assume all responsibility in connection with choosing any Professional, whether or not You obtained information about such professional on or through African Business Access. African Business Access assumes no responsibility or liability for any advice, or other services rendered by any professional, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, or other services.

Jurisdiction

These Terms and Conditions are governed by the internal substantive laws of the State of Texas, without respect to its conflict of laws principles. You expressly agree that exclusive jurisdiction for any dispute with African Business Access, or in any way relating to your use of the African Business Access Site, resides in the courts of the State of Texas and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Texas in connection with any such dispute including any claim involving African Business Access or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
If any provision of these Terms and Conditions is 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 of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Continued Use Deemed Acceptance

AFRICAN BUSINESS ACCESS reserves the right, at its sole discretion, to change, alter, amend or otherwise modify this User Agreement from time to time. After any such modification becomes effective, AFRICAN BUSINESS ACCESS will deem your continued use of African Business Access or any of the Content to constitute your acceptance of and agreement to such modification.

Arbitration

Any dispute between You and African Business Access (the "parties") concerning African Business Access or the Content shall be submitted to final and binding arbitration as the sole and exclusive remedy for such controversy or dispute. The arbitration terms are set forth here:

  1. Any claim shall be made by filing a demand for arbitration within one (1) year following the occurrence first giving rise to the claim.
  2. Each party shall bear all of its own arbitration costs. Both parties will equally share the arbitrator's cost.
  3. The right and duty of the parties to resolve disputes by arbitration shall be governed exclusively by the Federal Arbitration Act, and arbitration shall take place according to the Commercial Rules of the American Arbitration Association.
  4. The arbitrator shall have no authority to amend or modify the terms of this Agreement or to award punitive or exemplary damages, and the award may be enforced by judgment.
  5. Before, during, or after arbitration each party shall have the right, without awaiting the outcome of the arbitration, to seek interim injunctive relief from an appropriate court including but not limited to temporary restraining orders or preliminary injunctions. Seeking any such remedies shall not be deemed a waiver of either party's right to compel arbitration.
  6. The arbitration will be held in Houston, Texas.

Complete Agreement

Except as expressly provided in a particular "legal notice" on the African Business Access Site, these Terms and Conditions and the African Business Access Privacy Policy constitute the entire agreement between you and African Business Access with respect to the use of the African Business Access Site, and Content. Thank you for your cooperation. We hope you find the African Business Access.com Site helpful and convenient to use! Questions or comments regarding this website, including any reports of non-functioning links, should be submitted using our Contact Us at 9494 Southwest Freeway Suite 410, Houston TX, 77074, info@AfricanBA.com, Or call: 713.249.3735