Opportunities-Now.com

Terms & Conditions

These Terms of Use define the terms by which you may use this website (“Website,” “we,” or “us”).  By using this Website, you expressly acknowledge that you have read, accept, and agree to be bound by these Terms of Use, as well as any applicable laws hereunder.  You should not use this Website if you do not agree to these Terms of Use.
We may modify these Terms of Use at any time without notice or in our sole discretion, and any amendments will apply immediately.  You should return to this page from time to time in order to ensure that you are aware of any changes.  The Privacy Policy posted to our Website also forms part of these Terms of Use.  We may at any time modify the Privacy Policy or introduce new policies regarding the use of this Website.  Any reference to our Terms of Use includes all such policies.

1. Our Website

Our Website generates leads or prospects on behalf of home-based businesses (our “Clients”).

2. Requests for Additional Information

When you request additional information about the specific opportunity advertised on our Website, you will be asked to provide your contact information, including but not limited to your name, email, and phone number.  We will then pass along your contact information to one or more of our Clients, who will follow up with you regarding your request.  Following our introduction of you to a Client, all further communications about the opportunity should be directed to that Client.

You acknowledge and agree that by requesting additional information and providing your contact information to us, you expressly authorize us to share your information with any  Client who is seeking leads or prospects for the particular opportunity in which you are interested.  Any Client to whom you are introduced will operate according to such Client’s own terms and privacy policy, so these Terms of Use and our Privacy Policy will no longer be applicable.

3. Doing Business With Our Clients

Your business dealings with any Client with whom you are connected through this Website are solely between you and such Client.  You are solely responsible for conducting your own due diligence prior to entering into a business relationship with any Client.  You acknowledge and agree that you assume the sole risk of all loss or liability incurred from doing business with any such Client.  You acknowledge and agree that we will not be responsible or liable for any loss, damage, or other liabilities incurred as a result of doing business with one of our Clients.  In the event that you ever have a complaint against one of our Clients, you should contact the Client directly regarding your issue.

You acknowledge and agree that we may have a marketing relationship with any Client to whom you are introduced, in which case we may receive compensation for making the introduction.  This marketing relationship shall not be construed as an endorsement of any Client’s business or business practices, or of any other matter.

4. Intellectual Property

We retain ownership of all right, title, and interest in all material on this Website, including but not limited to the design features, the organization, the codes, text, databases, compilations, and all content (such as photos and text) (collectively, the “Intellectual Property”).  You may not reproduce, display, republish, upload, post, transmit, publicly perform or display, copy, distribute, create derivative works of, or otherwise use for any purpose any portion of the Website for any commercial or non-commercial use without the express written consent of us as appropriate.  All right, title, and interest in any third party logo posted to our Website is the intellectual property of such third party.   Ownership of all right, title, and interest in any intellectual property or proprietary rights in an opportunity advertised on our Website shall remain at all times with our Client. 

5. Intellectual Property Infringement Complaints

We respect the intellectual property rights of others.  If you ever suspect that your intellectual property has been copied in any manner that constitutes intellectual property infringement, then please notify us immediately, providing the following information:

(a) Identification of the Intellectual Property.  The name of the owner of the intellectual property and a signature of the person authorized to act on behalf of the intellectual property interest, which is alleged to be infringed;
(b) Description of Infringed Right.  A description of the intellectual property right that you claim has been infringed;
(c) Location of Infringing Item.  A description of where the allegedly infringing item is located on the Website;
(d) Contact Information.  Your address, telephone number, and email address; and
(e) Statement under Penalty of Perjury.  A statement by you confirming that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf, made under penalty of perjury.

6. Operation of Website

We use commercially reasonable efforts to maintain our Website and to keep it operating on a twenty-four (24) hour, seven (7) day a week basis, free from bugs, errors, technical problems, or defects.  If, at any time in the future, we identify any bugs, errors, technical problems, or defects, then we will immediately assign technicians to address and resolve the issue. 

We cannot guarantee that your access to the Website will be uninterrupted, or that the Website will be available at all times.  We can assume no liability or responsibility for any delay, interruption, or downtime.

We use commercially reasonable efforts to ensure that our Website is protected from viruses and other destructive software, but we cannot guarantee that the Website will at all times be free from viruses. We can assume no responsibility for any damage to computer equipment or other property that may result from the use of the Website or as a result of downloading from the Website.

We reserve the right to discontinue operation of the Website for any time for any reason at our sole discretion, and to make modifications to the operation of the Website at any time at our sole discretion.

7. Prohibited Uses

Our Website should only be used for lawful purposes.  We specifically prohibit any other use of the Website, including but not limited to the following:

(a) Posting or submitting to the Website any information in which you impersonate or claim to be any third party, or in which you misrepresent your affiliation with another person or entity;
(b) Taking any action that disrupts, tampers with, interferes, or imposes an unreasonable burden on the Website’s infrastructure, servers, data, or network or those of any third party via our Website;
(c) Using or attempting to use any engine, software tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Website other than generally available third party browsers (including but not limited to Internet Explorer, Firefox, Safari, and Chrome);
(d) Deciphering, decompiling, disassembling, or reverse engineering any of the software comprising or in any way making up part of the Website;
(e) Aggregating, copying, or duplicating in any manner any of the software making up part of the Website or any of the content or information available on the Website;
(f) Using any means of automatically searching or mining data from the Website, or in any way attempting to interfere with the proper working of the Website;
(g) Stalking, harassing, or threatening any visitor to this Website; or
(h) Collecting or storing personal information about any visitor to this Website.

8. Disclaimer

Your use of this Website and your reliance on any introduction that we make through this Website is entirely at your own risk.  TO THE EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF QUIET ENJOYMENT AND NON-INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT THAT ALL ERRORS, BUGS, OR DEFECTS CAN OR WILL BE CORRECTED OR THAT THIS WEBSITE WILL OPERATE BUG-FREE, ERROR-FREE, CONTINUOUSLY, OR UNINTERRUPTED.  FOR THE AVOIDANCE OF DOUBT, NO CONTENT ON THIS WEBSITE SHOULD BE READ AS AN ENDORSEMENT OF ANY THIRD PARTY OR WEBSITE.  Some jurisdictions do not allow the disclaimer of certain warranties, so these disclaimers may not apply to you.

9. Limitation of Liability; Consequential Damages.

You agree that we will not be liable to you for any indirect, consequential, special, punitive, or exemplary damages, arising out of or in connection with the use of this Website, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if we have been advised of the possibility of such damages).

Our liability to you shall in no event exceed the total aggregate amount of $100.00 for all claims.  Some jurisdictions do not allow the limitation of liability, so these limitations may not apply to you.

10. Release of Claims

To the maximum extent permitted by applicable law, you hereby release our officers, directors, employees, independent contractors, representatives, and agents and waive all liability for claims, damages (actual and or consequential), costs and expenses (including litigation costs and attorneys’ fees) of every kind and nature arising from or in any way related to any referral that we make for you or this Website.  If applicable, you waive your rights under California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”  You understand that any fact relating to any matter covered by this release may be found to be other than now believed to be true, and accept and assume the risk of such possible differences in fact.  In addition, you expressly waive and relinquish any and all rights which you may have under any other state or federal statute or common law principle of similar effect, to the fullest extent permitted by law.

11. Indemnification

By using this Website, you agree to indemnify, defend, and hold harmless this Website and our officers, directors, employees, independent contractors, representatives, and agents from any third party claim arising from or in any way related to your use or reliance on this Website or on any referral made through this Website, including but not limited to any losses, damages, costs, expenses, suits, judgments, litigation costs, or attorneys fees.

12. Miscellaneous

We reserve the right to discontinue this Website or making introductions to our Clients at any time in our sole discretion.  You agree that we may assign these Terms of Use without prior notice to a successor entity in the event of a merger, acquisition, or sale of all or part of our business.  No waiver of any breach of the Terms of Use, no matter how long continuing or how often repeated will be deemed a waiver of any subsequent breach, nor shall any delay or omission to exercise any right, power, or privilege hereunder be deemed a waiver of such right, power, or privilege.  If any section of these Terms of Use is held to be unenforceable or in conflict with the law of any jurisdiction, the validity of the remaining paragraphs shall not be affected by such holding.  The meaning of that section shall be construed to the extent feasible to render the section enforceable and to give effect to the Parties’ intentions as reflected in the section.  If no feasible interpretation would save such section, it is to be severed from the remainder of these Terms of Use, which are to remain in full force and effect.  The Terms of Use constitute the entire agreement between you and us with respect to the subject matter set forth herein.  The section headings and subheadings contained in these Terms of Use are included for convenience only and shall not limit or otherwise affect these Terms of Use.

13. Governing Law; Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflicts of law principles.  All disputes arising under this Agreement shall be submitted to binding arbitration under the Commercial Rules of the American Arbitration Association in San Antonio, TX by one arbitrator mutually agreed upon by you and us in accordance with the aforementioned Rules.  The costs of arbitration, including administrative and arbitrators’ fees, shall be shared equally by each of us.  The arbitration award shall be final and each of us shall comply in good faith to the entry of the arbitrator’s award in any court having jurisdiction.  If judicial enforcement or review is sought, then the prevailing party shall be entitled to costs and reasonable attorney’s fees.  All claims you bring against us or the Website must be resolved in accordance with this Section.  All claims filed or brought against us contrary to the terms of this Section shall be considered improperly filed.  Should you file a claim contrary to this Section, you agree that we may recover attorneys’ fees and costs for the improperly filed claim, provided that we have notified you in writing of the issue and you have failed to properly withdraw the claim.

14. Eligibility

Only adults, who are at least eighteen (18) years of age, are eligible to use our Website and request information about the advertised opportunity.  In addition, you must be fully competent to enter into and to comply with the terms, conditions, obligations, representations, and warranties set forth in these Terms of Use.  By using this Website and providing us your contact information, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and can abide by all of the terms and conditions set forth therein.

15. Effective Date

These Terms of Use were last updated on May 1, 2012.