Terms of Use

TERMS OF SERVICE AGREEMENT FOR USE OF “BIZCOMPLETE” THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made between The Noble Groups, a Texas corporation, and its related companies, (collectively, “The Noble Groups”), and any visitor, to or user of, The Noble Group’s web sites, including its BIZCOMPLETE web site (either, a “User”). User may be either an individual person or a corporate or other entity.

The Noble Groups and User are referred to herein as the “Parties.” This Agreement was last revised on January 30, 2002. YOUR USE OF THE CONTENT, TECHNOLOGY AND SERVICES THAT THE NOBLE GROUPS MAKES AVAILABLE TO YOU ON OR THROUGH THIS WEB SITE INDICATES YOUR ACCEPTANCE OF EVERY PROVISION OF THESE TERMS AND CONDITIONS AND BY THE THE NOBLE GROUPS PRIVACY POLICY.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MAY NOT USE THIS SITE.

  1. Terms and Limitations
    1. Description. BIZCOMPLETE is The Noble Group’s marketing and development worksite, providing a web-based source of business strategy, management, human resource, organizational development information and tools and a resource exchange. Users must agree to and comply with these posted terms of service. The Noble Groups reserves the right to change any policies governing BIZCOMPLETE at any time in its sole discretion.
    2. License. BIZCOMPLETE is proprietary to The Noble Groups and is protected by intellectual property laws. Use of the BIZCOMPLETE web site is licensed and not sold. Except as permitted herein, User agrees not to reproduce, duplicate, copy, sell, resell or exploit any portion of BIZCOMPLETE, or any access to or use of BIZCOMPLETE without The Noble Group’s prior written consent. Upon the terms and subject to the conditions set forth herein, The Noble Groups agrees to provide User with a personal, non-transferable and non-exclusive license to use BIZCOMPLETE.
    3. Access. User agrees that BIZCOMPLETE may be inaccessible or inoperable for any reason, including: (i) equipment malfunctions; (ii) periodic updates, maintenance procedures or repairs which The Noble Groups may undertake from time to time; (iii) causes beyond the control of The Noble Groups or which are not reasonably foreseeable by The Noble Groups; or (iv) at other times at The Noble Group’s sole discretion. d. Changes or Amendments to these terms. The Noble Groups reserves the right to change or amend any of the terms of service contained in this Agreement at any time in its sole discretion. User may review the current version of these terms and conditions at any time at http://www.noblegroups.com/termsofuse.htm. Any changes or amendments will be effective upon posting notice of the revisions on BIZCOMPLETE. It is User’s responsibility to periodically check these Terms of Service. User agrees to review such notices and to note any applicable changes. User’s continued use of BIZCOMPLETE following The Noble Group’s posting of any notice of change or amendment will constitute User’s agreement to such changes or amendments and to the then-current version of these terms of service. e. Disclaimer of responsibility for privacy policy and content at linked sites. Links to sites that are owned and maintained by third parties, or by the U.S. government, may be embedded in BIZCOMPLETE. The Noble Groups is not responsible for those sites and cannot control the privacy policies or the content of those sites.

  2. Conditions of Use
    1. Security. User shall be solely responsible for completely and properly exiting from such secure section of BIZCOMPLETE at the end of any session. User shall be solely responsible for any authorized or unauthorized access to any secure section of BIZCOMPLETE through the use of User’s password by any person. User agrees to bear all responsibility for the confidentiality of User’s password. User agrees to change its password if the secrecy of its password is compromised. The Noble Groups reserves the right to reissue or change any password at any time and at The Noble Group’s sole discretion.
    2. Privacy. User agrees to read and periodically review The Noble Group’s notice of Privacy Policy posted at http://www.noblegroups.com/privacy.htm.
    3. Right to Publish or Edit Submissions. User may have the opportunity to submit questions or other material to BIZCOMPLETE. Any such submissions will be the property of The Noble Groups. User agrees that The Noble Groups may edit, reproduce, or publish in either edited or un-edited form on BIZCOMPLETE or in any other publication any submission of User without compensation and without further notice. User agrees not to submit any valuable, employee-sensitive or confidential information to BIZCOMPLETE. User understands and agrees that only generic questions may be submitted to BIZCOMPLETE and that User will not submit specific questions concerning User or User’s employees.
    4. Registration. In order to access and use BIZCOMPLETE, a User must first register by submitting its email address to BIZCOMPLETE. By submitting its email address, a User opts in to receive email communications from BIZCOMPLETE and The Noble Groups. In order to access and use the “Get Help Now” section of BIZCOMPLETE, a User will have to register by submitting additional information. By submitting a registration, User represents and warrants to BIZCOMPLETE that it is over 18 years of age and that the information submitted is accurate and correct.
    5. “Get Help Now”. BIZCOMPLETE reserves the right to choose not to answer any question submitted to it in its sole discretion. Additionally, BIZCOMPLETE reserves the right to impose any limitations on the number of questions a User may submit in any time period or impose any conditions concerning the submission of any question to BIZCOMPLETE.
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  3. Representations and Warranties of User User represents and warrants to The Noble Groups that:
    1. User is not relying on The Noble Groups or BIZCOMPLETE for legal, tax, or other licensed professional advice or services;
    2. User has hired his, her or its own qualified legal counsel in all necessary jurisdictions to advise User on the use of any information or materials available on BIZCOMPLETE;
    3. User understands and agrees that The Noble Groups and BIZCOMPLETE are not lawyers and do not sell or provide legal advice or legal services;
    4. User understands and agrees that neither The Noble Groups nor BIZCOMPLETE has recommended that any particular form or resource available on BIZCOMPLETE is the correct or adequate form or resource for use in connection with the laws of any particular state or jurisdiction or with respect to any federal regulations (such as OSHA or EEOC) or in connection with any particular employee or class of employees;
    5. User will not act upon any information on BIZCOMPLETE without seeking qualified legal counsel;
    6. User is aware that all information on BIZCOMPLETE is provided only as general information and may not conform to the law in User's state or jurisdiction or reflect the most current legal developments in any geographic or substantive area;
    7. User will not use the information or materials on BIZCOMPLETE as a substitute for obtaining qualified legal advice from a lawyer licensed to practice in the User's home state;
    8. all information provided by User to The Noble Groups is truthful, accurate and complete; and
    9. User shall comply with all terms and conditions of this Agreement.
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  4. Prohibited Uses User is solely responsible for all acts and omissions that occur by the use of User’s computers or systems. User agrees not to use BIZCOMPLETE to:
    1. list, post, market, advertise, offer or sell any product or service;
    2. disseminate, store or transmit chain letters, pyramids, unsolicited messages or unsolicited commercial e-mail;
    3. disseminate or transmit products, services or material that, in The Noble Group’s sole judgment, is abusive, obscene, pornographic, defamatory, racist, sexist, harassing, threatening, malicious, dangerous or otherwise inconsistent with the commercial use of BIZCOMPLETE;
    4. disseminate, store or transmit files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property right of any person;
    5. interfere, disrupt or attempt to gain unauthorized access to BIZCOMPLETE or to any other computer network;
    6. disseminate, store or transmit computer viruses, trojan horses or any other malicious code or program; or
    7. engage in any other activity deemed by The Noble Groups to be in conflict with the intent of this Agreement.
  5. Disclaimer of Warranties BIZCOMPLETE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF BIZCOMPLETE IS AT USER’S SOLE RISK. THE NOBLE GROUPS DOES NOT WARRANT THAT BIZCOMPLETE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE NOBLE GROUPS MAKE ANY WARRANTY AS TO THE QUALITY OR LACK OF DEFECT OF ANY RESOURCE, FORM, PRODUCT OR SERVICE OBTAINED BY USER VIA BIZCOMPLETE. THE MATERIALS AVAILABLE ON BIZCOMPLETE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT LEGAL ADVICE. ON-LINE READERS SHOULD NOT ACT UPON THIS INFORMATION WITHOUT SEEKING QUALIFIED LEGAL COUNSEL. THE INFORMATION PRESENTED IS PROVIDED ONLY AS GENERAL INFORMATION AND MAY NOT CONFORM TO THE LAW IN USER'S STATE OR JURISDICTION OR REFLECT THE MOST CURRENT LEGAL DEVELOPMENTS IN ANY GEOGRAPHIC OR SUBSTANTIVE AREA. USE OF THE INFORMATION OR MATERIALS ON BIZCOMPLETE IS NOT A SUBSTITUTE FOR OBTAINING QUALIFIED LEGAL ADVICE FROM A LAWYER LICENSED TO PRACTICE IN THE USER'S HOME STATE. THE NOBLE GROUPS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO BIZCOMPLETE OR THE FORMS, RESOURCES, RECOMMENDATIONS, ADVICE, PRODUCTS OR SERVICES OFFERED THEREON. THE NOBLE GROUPS MAKES NO WARRANTIES WITH RESPECT TO THE LEGALITY OF THE USE OF ANY FORM, RESOURCE, RECOMMENDATION, ADVICE, PRODUCT OR SERVICE IN ANY STATE OR JURISDICTION. THE NOBLE GROUPS MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD PARTY WEB SITES, INCLUDING GOVERNMENT SITES, TO WHICH USER GAINS ACCESS VIA BIZCOMPLETE.

  6. LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES SHALL THE NOBLE GROUPS BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, BIZCOMPLETE OR THE INTERNET GENERALLY, INCLUDING USER’S USE OF ANY FORM, RESOURCE, RECOMMENDATION, ADVICE, PRODUCT OR SERVICE OFFERED ON OR AVAILABLE THROUGH BIZCOMPLETE, USE OF OR INABILITY TO USE BIZCOMPLETE, ANY CHANGES TO OR INACCESSIBILITY OF BIZCOMPLETE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, ANY TRANSACTION OR AGREEMENT ENTERED INTO VIA BIZCOMPLETE, ANY PRODUCT, SERVICE, DATA OR MATERIAL FROM A THIRD PERSON DELIVERED ON OR THROUGH BIZCOMPLETE, OR THE QUALITY, ACCURACY OF DESCRIPTION, OR FITNESS FOR USE OF ANY FORM, RESOURCE, RECOMMENDATION, ADVICE, PRODUCT OR SERVICE MARKETED, ADVERTISED, OFFERED, SOLD OR PURCHASED BY USER VIA BIZCOMPLETE, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL THE NOBLE GROUP’S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $500. IF USER IS DISSATISFIED WITH BIZCOMPLETE, USER’S SOLE AND EXCLUSIVE REMEDY SHALL DISCONTINUE USE OF BIZCOMPLETE AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 9.
  7. Indemnification User agrees to indemnify, hold harmless and defend The Noble Groups, its shareholders, directors, officers, employees and agents from and against any losses, costs, damages, liability or expenses, including costs and attorney’s fees, asserted by any person, arising out of or relating to this Agreement or User’s use of BIZCOMPLETE or any form, resource, recommendation, advice, product or service available on BIZCOMPLETE.
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  8. General Release. User releases The Noble Groups, its officers, directors, employees and agents from any claim, demand or damages (actual, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to User's use of BIZCOMPLETE or any form, resource, recommendation, advice, product or service of The Noble Groups, or any act of negligence on the part of The Noble Groups.

  9. Termination User may terminate this Agreement at any time. The Noble Groups reserves the right, in its sole discretion and without notice, at any time and for any reason, to:
    1. remove or disable access to all or any portion of BIZCOMPLETE;
    2. suspend User’s access to or use of all or any portion of BIZCOMPLETE; terminate any license granted herein; retrieve any material obtained by User from BIZCOMPLETE; or
    3. terminate this Agreement.
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  10. Miscellaneous
    1. Notice. All notices to The Noble Groups shall be in writing by certified mail or commercial delivery service against receipt to The Noble Groups to the attention of the President, The Noble Groups, Inc. at 3202 Chalfont Drive, Houston, Texas 77066. Notice to The Noble Groups shall not be by facsimile transmission or e-mail.
    2. Law. This Agreement shall be governed by the laws of the State of Texas applicable to agreements as if made and to be performed wholly within such state.
    3. Forum; Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Texas. Venue shall be in Harris County, Texas.
    4. Entire Agreement. This Agreement constitutes the complete statement of the agreement between the Parties with respect to The Noble Groups and its BIZCOMPLETE and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the Parties concerning BIZCOMPLETE.