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IBO Services LLC – Terms of Services Agreement

These terms (“Terms”) cover the use of IBO’s consumer products, websites, and services (the “Services”).

  1. Your Privacy: Please read the IBO Privacy Statement (the “Privacy Statement”) as it describes the types of data we collect from you and your devices (“Data”) and how we use your Data. The Privacy Statement also describes how IBO uses your content, which is your communications with others; postings or feedback submitted by you to IBO via the Services; and the files, photos, documents, audio, digital works, and videos uploaded, stored or shared through the Services (“Your Content”). By using the Services or agreeing to these Terms, you consent to IBO’s collection, use and disclosure of Your Content and Data as described in the Privacy Statement.
  2. Your Content: Many of our Services allow you to upload or share Your Content or receive material from others. We don’t claim ownership of Your Content. Your Content remains Your Content and you are responsible for it.
    1. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, transmit, display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content. You represent and warrant that for the duration of these Terms, you have (and will have) all the rights necessary for Your Content that is uploaded, stored, or shared on or through the Services and that the collection, use, and retention of Your Content will not violate any law or rights of others. IBO cannot be held responsible for Your Content or the material others upload, store or share using the Services.
    2. To the extent necessary to provide the Services to you and others, to protect you and the Services, and to improve IBO products and services, you grant to IBO a worldwide and royalty-free intellectual property license to use Your Content, for example, to make copies of, retain, transmit, reformat, display, and distribute via communication tools Your Content on the Services. If you publish Your Content in areas of the Service where it is available broadly online without restrictions, Your Content may appear in demonstrations or materials that promote the Service. Some of the Services are supported by advertising. Controls for how IBO personalizes advertising are available upon request. We do not use what you say in email, chat, video calls or voice mail, or your documents, photos or other personal files to target advertising to you. Our advertising policies are covered in detail in the Privacy Statement.
  3. Code of Conduct:
    1. By agreeing to these Terms, you’re agreeing that, when using the Services, you will follow these rules:
      1. Don’t do anything illegal.
      2. Don’t engage in any activity that exploits, harms, or threatens to harm children
      3. Don’t send spam. Spam is unwanted or unsolicited bulk email, postings, contact requests, SMS (text messages), or instant messages.
      4. Don’t publicly display or use the Services to share inappropriate Content or material (involving, for example, nudity, bestiality, pornography, graphic violence, or criminal activity).
      5. Don’t engage in activity that is false or misleading (e.g., asking for money under false pretenses, impersonating someone else, manipulating the Services to increase play count, or affect rankings, ratings, or comments).
      6. Don’t circumvent any restrictions on access to or availability of the Services.
      7. Don’t engage in activity that is harmful to you, the Services, or others (e.g., transmitting viruses, stalking, posting terrorist content, communicating hate speech, or advocating violence against others).
      8. Don’t infringe upon the rights of others (e.g., unauthorized sharing of copyrighted music or other copyrighted material, resale or other distribution of Bing maps, or photographs).
      9. Don’t engage in activity that violates the privacy of others.
      10. Don’t help others break these rules.
    2. Enforcement – If you violate these Terms, we may stop providing Services to you or we may close your IBO account. We may also block, remove or refuse to publish Your Content for any reason. When investigating alleged violations of these Terms, IBO reserves the right to review Your Content in order to resolve the issue. However, we cannot monitor the entire Services and make no attempt to do so.
  4. Using the Services & Support:
    1. IBO Account: You’ll need a IBO account to access many of the Services. Your IBO account lets you sign in to products, websites and services provided by IBO and some IBO partners.
      1. Creating an Account – You will be issued an IBO account by completing an application in accordance with the current application requirements, submitting the application for approval, and after being approved for affiliation you will be issued a user name. You agree not to use any false, inaccurate or misleading information when applying for your IBO affiliation. You cannot transfer your IBO account to another user or entity. To protect your account, keep your account details and password confidential. You are responsible for all activity that occurs under your IBO account.
      2. Account Use – You must use your IBO account to keep it active. This means you must sign in at least twice a year to keep your IBO account and associated Services, active, unless provided otherwise. If you don’t sign in during this time, we will assume your IBO account is inactive and will close it for you.
      3. Closing Your Account:
        1. You can cancel specific Services at any time and for any reason unless you have contracted otherwise for specific Services.
        2. If your Services are canceled or your IBO account is closed (whether by you or us), a few things happen. First, your right to use the Services stops immediately and your license to use the software related to the Services ends. Second, we’ll delete Data or Your Content associated with your IBO account or will otherwise disassociate it from you and your IBO account (unless we are required by law to keep it). You should have a regular backup plan as IBO won’t be able to retrieve Your Content or Data once your account is closed. Third, you may lose access to material or products you’ve acquired.
    2. Work Accounts – You can sign into certain IBO services with a work or school email address. If you do, you agree that the owner of the domain associated with your email address may control and administer your account, and access and process your data, including the contents of your communications and files. You further agree that your use of the services may be subject to the agreements that IBO has with you or your organization and these terms do not apply. If you use a work or school email address to access Services covered under these Terms, you may be prompted to update the email address associated with your IBO account in order to continue accessing such Services.
    3. Additional Equipment/Data Plans – To use some of the Services, you’ll need an internet connection and/or data/cellular plan. You might also need additional equipment, like a headset, camera or microphone. You are responsible for providing all connections, plans, and/or equipment needed to use the Services and for paying the fees charged by the provider(s) of your connections, plans, and equipment. Those fees are in addition to any fees you pay us for the Services and we will not reimburse you for such fees. Check with your provider(s) to determine if there are any such fees that may apply to you.
    4. Service Notifications – When there’s something important to tell you about a Service you use, we’ll send you Service notifications to the email associated with your IBO account. If you gave us your phone number in connection with your IBO account, then we may send Service notifications to you via SMS (text message), including to verify your identity before registering your mobile phone number. Data or messaging rates may apply when receiving notifications via SMS.
    5. Support – Customer support for the Services is available at https://ibousa.org/contact-us/   
  5. Using Third-Party Apps and Services: The Services may allow you to access or acquire products, services, websites, links, content, material or applications from third parties (companies or people who aren’t IBO Associates) (“Third-Party Apps and Services”). Any additional terms do not modify any of these Terms. You are responsible for your dealings with third parties. IBO does not license any intellectual property to you as part of any Third-Party Apps and Services and is not responsible for information provided by third parties.
  6. Service Availability:
    1. The Services, Third-Party Apps and Services, or material or products offered through the Services may be unavailable from time to time, may be offered for a limited time, or may vary depending on your region or device. If you change the location associated with your IBO account, you may need to re-acquire the material or applications that were available to you and paid for in your previous region.
    2. We strive to keep the Services up and running; however, all online services suffer occasional disruptions and outages, and IBO is not liable for any disruption or loss you may suffer as a result. In the event of an outage, you may not be able to retrieve Your Content or Data that you’ve stored. We recommend that you regularly backup Your Content that you store on the Services or store using Third-Party Apps and Services.
  7. Updates to the Services or Software, and Changes to These Terms:
    1. We may change these Terms at any time, and we’ll tell you when we do. Using the Services after the changes become effective means you agree to the new terms. If you don’t agree to the new terms, you must stop using the Services, close your IBO account.
    2. Sometimes you’ll need software updates to keep using the Services. You may also be required to update the software to continue using the Services. Such updates are subject to these Terms unless other terms accompany the updates, in which case, those other terms apply. IBO isn’t obligated to make any updates available and we don’t guarantee that we will support the version of the system on which you are using the Services.
    3. Additionally, there may be times when we need to remove or change features or functionality of the Service or stop providing a Service or access to Third-Party Apps and Services altogether. Except to the extent required by applicable law, we have no obligation to provide a re-download or replacement of any material, Digital Goods (defined in section 14(k)), or applications previously purchased or subscribed. We may release the Services or their features in a beta version, which may not work correctly or in the same way the final version may work.
  8. Software License: Any software provided by us to you as part of the Services is subject to these Terms.
    1. If you comply with these Terms, we grant you the right to install and use one copy of the software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software or website that is part of the Services may include third-party code. Any third-party scripts or code, linked to or referenced from the software or website, are licensed to you by the third parties that own such code, not by IBO. Notices, if any, for the third-party code are included for your information only.
    2. The software is licensed, not sold, and IBO reserves all rights to the software not expressly granted by IBO, whether by implication, estoppel, or otherwise. This license does not give you any right to, and you may not:
      1. circumvent or bypass any technological protection measures in or relating to the software or Services;
      2. disassemble, decompile, decrypt, hack, emulate, exploit, or reverse engineer any software or other aspect of the Services that is included in or accessible through the Services, except and only to the extent that the applicable copyright law expressly permits doing so;
      3. separate components of the software or Services for use on different devices;
      4. publish, copy, rent, lease, sell, export, import, distribute, or lend the software or the Services, unless IBO expressly authorizes you to do so;
      5. transfer the software, any software licenses, or any rights to access or use the Services;
      6. use the Services in any unauthorized way that could interfere with anyone else’s use of them or gain access to any service, data, account, or network;
      7. enable access to the Services or modify any IBO-authorized by unauthorized third-party applications.
  9. Payment Terms: If you purchase a Service, then these payment terms apply to your purchase and you agree to them.
    1. Charges – If there is a charge associated with a portion of the Services, you agree to pay that charge. The price stated for the Services excludes all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. Taxes are calculated based on your location at the time your IBO account was registered. We may suspend or cancel the Services if we do not receive an on time, full payment from you. Suspension or cancellation of the Services for non-payment could result in a loss of access to and use of your account and its content.
    2. Your Billing Account – To pay the charges for a Service, you will be asked to provide a payment method at the time you sign up for that Service. You can access and change your billing information and payment method on the IBO account management website. Additionally, you agree to permit IBO to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network. You agree to promptly update your account and other information, including your email address and payment method details, so we can complete your transactions and contact you as needed in connection with your transactions. Changes made to your billing account will not affect charges we submit to your billing account before we could reasonably act on your changes to your billing account.
    3. Invoicing – By providing IBO with a payment method, you:
      1. represent that you are authorized to use the payment method that you provided and that any payment information you provide is true and accurate;
      2. authorize IBO to charge you for the Services or available content using your payment method; and
      3. authorize IBO to charge you for any paid feature of the Services that you choose to sign up for or use while these Terms are in force.
      4. We may bill you
        1. in advance;
        2. at the time of purchase;
        3. shortly after purchase; or
        4. on a recurring basis for subscription Services.
      5. We may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription Services.
      6. We may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
    4. Recurring Payments – When you purchase the Services on a subscription basis (e.g., monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to IBO by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Service is terminated by you or by IBO. By authorizing recurring payments, you are authorizing IBO to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, “Electronic Payments”). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, IBO or its service providers reserve the right to collect any applicable return item, rejection or insufficient funds fee and to process any such payment as an Electronic Payment.
    5. Automatic Renewal – Provided that automatic renewals are allowed in your state, you may choose for Services to automatically renew at the end of a fixed service period. We will remind you by email before any Services renew for a new term, and notify you of any price changes in accordance with section 9(k).  Once we have reminded you that you elected to automatically renew the Services, we may automatically renew your Services at the end of the current service period and charge you the then current price for the renewal term, unless you have chosen to cancel the Services as described below. We will also remind you that we will bill your chosen payment method for the Services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the Services. You must cancel the Services before the renewal date to avoid being billed for the renewal.
    6. Online Statement and Errors – IBO will provide you with an online billing statement on the IBO account management website, where you can view and print your statement. This may be the only billing statement that we provide. If we make an error on your bill, you must tell us within 90 days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we won’t be required to correct the error or provide a refund. If IBO has identified a billing error, we will correct that error within 90 days.
    7. Refund Policy – Unless otherwise provided by law or by a particular Service offer, all purchases are final and non-refundable. If you believe that IBO has charged you in error, you must contact us within 90 days of such charge. No refunds will be given for any charges more than 90 days old. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. For more refund information, please visit our help topic.
    8. Canceling the Services – You may cancel a Service at any time, with or without cause, by providing a 30-day notice. To cancel a Service and request a refund, if you are entitled to one, visit the IBO account management website. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation; (ii) you may be obligated to pay cancellation charges; (iii) you may be obligated to pay all charges made to your billing account for the Services before the date of cancellation; or (iv) you may lose access to and use of your account when you cancel the Services. If you cancel, your access to the Services ends at the end of your current Service period or, if we bill your account on a periodic basis, at the end of the period in which you canceled.
    9. Trial-Period Offers – If you are taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless we notify you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, we may charge you for the Service(s).
    10. Promotional Offers – From time to time, IBO may offer Services for a trial period during which IBO will not charge you for the Services. IBO reserves the right to charge you for such Services (at the normal rate) in the event that IBO determines (in its reasonable discretion) that you are breaching the terms and conditions of the offer.
    11. Price Changes – We may change the price of the Services at any time and if you have a recurring purchase, we will notify you by email at least 30 days before the price change. If you do not agree to the price change, you must cancel and stop using the Services before the price change takes effect. If there is a fixed term and price for your Service offer, that price will remain in force for the fixed term.
    12. Payments to You – If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpaymen.
  10. Contracting Entity, Choice of Law, Jurisdiction: For use of IBO Services, you’re contracting with, and all references to “IBO” in these Terms mean, IBO Services LLC, 1500 W Broadway, Ardmore, OK 73401, U.S.A.
  11. Choice of Law and Place to Resolve Disputes: No matter where you live (or, if a business, your principal place of business) within the United States, the laws of the state of Oklahoma govern all claims, regardless of conflict of laws principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Carter County, Oklahoma, for all disputes arising out of or relating to these Terms or the Services that are heard in court (excluding arbitration and small claims court).
  13. Limitation of Liability: If you have any basis for recovering damages (including breach of these Terms), you agree that your exclusive remedy is to recover, from IBO or any affiliates, resellers, distributors, Third-Party Apps and Services providers, and vendors, direct damages up to an amount equal to your Services fee for the month during which the breach occurred (or up to $10.00 if the Services are free). You can’t recover any other damages or losses, including direct, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn’t fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything or any claims related to these Terms, the Services, or the software related to the Services.
  14. Binding Arbitration and Class Action Waiver: If You Live In (or If a Business Your Principal Place of Business Is In) the United States, we hope we never have a dispute, but if we do, you and we agree to try for 60 days to resolve it informally. If we can’t, you and we agree to binding individual arbitration before the American Arbitration Association (“AAA”) under the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury. Instead, a neutral arbitrator will decide and the arbitrator’s decision will be final except for a limited right of review under the FAA. Class action lawsuits, class-wide arbitrations, private attorney-general actions, and any other proceeding where someone acts in a representative capacity aren’t allowed. Nor is combining individual proceedings without the consent of all parties. “We,” “our,” and “us” includes IBO and IBO’s.
    1. Disputes Covered – Everything Except IP. The term “dispute” is as broad as it can be. It includes any claim or controversy between you and us concerning the Services, the software related to the Services, the Services’ or software’s price, your IBO account, or these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, except disputes relating to the enforcement or validity of your, your licensors’, our, or our licensors’ intellectual property rights.
    2. Mail a Notice of Dispute First – If you have a dispute and our customer service representatives can’t resolve it, send a Notice of Dispute by U.S. Mail to IBO Services LLC, ATTN: Legal Support, 1500 W Broadway, Ardmore, OK 73401, U.S.A. Tell us your name, address, how to contact you, what the problem is, and what you want.  We’ll do the same if we have a dispute with you. After 60 days, you or we may start an arbitration if the dispute is unresolved.
    3. Small Claims Court Option – Instead of mailing a Notice of Dispute, you may sue us in small claims court in Carter County, Oklahoma, U.S.A. if you meet the court’s requirements.
    4. Arbitration Procedure – The AAA will conduct any arbitration under its Commercial Arbitration Rules. For more information, see www.adr.org or call 1-800-778-7879. To start an arbitration, submit the form available to the AAA and mail a copy to us. In a dispute involving $25,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. Any in-person hearing will take place at our principal place of business—Carter County, Oklahoma. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief only to you individually to satisfy your individual claim.
    5. Arbitration Fees and Payments:
      1. Disputes Involving $75,000 or Less. We will promptly reimburse your filing fees and pay the AAA’s and arbitrator’s fees and expenses. If you reject our last written settlement offer made before the arbitrator was appointed, your dispute goes all the way to an arbitrator’s decision (called an “award”), and the arbitrator awards you more than this last written offer, we will: (i) pay the greater of the award or $1,000; (ii) pay your reasonable attorney’s fees, if any; and (iii) reimburse any expenses (including expert witness fees and costs) that your attorney reasonably accrues for investigating, preparing, and pursuing your claim in arbitration.
      2. Disputes Involving More than $75,000. The AAA rules will govern payment of filing fees and the AAA’s and arbitrator’s fees and expenses.
    6. Conflict with AAA Rules – These Terms govern to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.
    7. Must File Within One Year – You and we must file in small claims court or arbitration any claim or dispute (except intellectual property disputes) within one year from when it first could be filed. Otherwise, it’s permanently barred.
      Severability – If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then those parts won’t be arbitrated but will proceed in court, with the rest proceeding in arbitration. If any other provision of this section 14 is found to be illegal or unenforceable, that provision will be severed but the rest of this section 14 still applies.
  15. Miscellaneous: This section, and sections 1, 9 (for amounts incurred before the end of these Terms), 10, 11, 12, 13, 14, and those that by their terms apply after the Terms end will survive any termination or cancellation of these Terms. We may assign these Terms, in whole or in part, at any time without notice to you. You may not assign your rights or obligations under these Terms or transfer any rights to use the Services. This is the entire agreement between you and IBO for your use of the Services. It supersedes any prior agreements between you and IBO regarding your use of the Services. All parts of these Terms apply to the maximum extent permitted by relevant law. If a court or arbitrator holds that we can’t enforce a part of these Terms as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of these Terms won’t change. Section 14(i) says what happens if parts of section 14 (arbitration and class action waiver) are found to be illegal or unenforceable. Section 14(i) prevails over this section if inconsistent with it. Except for section 14 (arbitration and class action waiver) these Terms are solely for your and our benefit; they aren’t for the benefit of any other person, except for IBO’s successors and assigns.
  16. Export Laws: You must comply with all domestic and international export laws and regulations that apply to the software and/or Services, which include restrictions on destinations, end users, and end use.
  17. Unsolicited Ideas: IBO does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to IBO through the Services or otherwise, you acknowledge and agree that IBO shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
  18. Notices: Notices and procedure for making claims of intellectual property infringement. IBO respects the intellectual property rights of third parties. If you wish to send a notice of intellectual property infringement, including claims of copyright infringement, please use our procedures for submitting Notices of Infringement. ALL INQUIRIES NOT RELEVANT TO THIS PROCEDURE WILL NOT RECEIVE A RESPONSE.
    1. IBO uses the processes set out in Title 17, United States Code, Section 512 to respond to notices of copyright infringement. In appropriate circumstances, IBO may also disable or terminate accounts of users of IBO services who may be repeat infringers.
    2. Notices and procedures regarding intellectual property concerns in advertising. Please review our Intellectual Property Guidelines regarding intellectual property concerns on our advertising network.
    3. Copyright and trademark notices – The Services are copyright © 2017 IBO Services LLC and/or its suppliers, 1500 W Broadway, Ardmore, OK 73401, U.S.A. All rights reserved. IBO and the names, logos, and icons of all IBO products, software, and services may be either trademarks or registered trademarks of IBO in the United States and/or other countries. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Terms are reserved. Certain software used in certain IBO website servers is based in part on the work of Apparatix Media Solutions. Copyright © 2017 John James. All rights reserved.
    4. Financial notice – IBO isn’t a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions and doesn’t advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products, assets or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Neither IBO nor its licensors of stock quotes or index data endorse or recommend any particular financial products or services. Nothing in the Services is intended to be professional advice, including but not limited to, investment or tax advice.
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