Effective Date: This Terms of Use Agreement was last updated on November 1, 2006.

This Terms of Use Agreement sets forth the standards of use of the web site titled Don Kornblet’s Daily Essentials of Business Success. By using the Don Kornblet’s Daily Essentials of Business Success web site you (the “Member” or “Visitor”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at Don Kornblet’s Daily Essentials of Business Success web site. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Throughout this Terms of Use Agreement, it is understood that Don Kornblet’s Daily Essentials of Business Success and dailybusinessonline.com are trademarked services of Kornblet Consulting LLC and that any rights reserved to either Don Kornblet’s Daily Essentials of Business Success or dailybusinessonline.com are accepted as also referring to Kornblet Consulting, LLC. Any references to the term “Kornblet Consulting, LLC,” “Don Kornblet’s Daily Essentials of Business Success,” or “dailybusinessonline.com” are considered to be references to each other with respect to all rights, restrictions, warranties, disclaimers, protections, conditions, and acknowledgements. It is also understood that in this agreement the term “Member” refers to any visitor to this site, for purposes of using information contained herein, sharing information, or transmitting ideas contained herein to third parties.

1. Description of Service
Kornblet Consulting, LLC is providing Member with business management ideas and information for use by the Member in starting, building, or selling a company. These ideas may be generated by the staff of Kornblet Consulting, LLC or they may be offered for posting by you or other members visiting the website. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.

2. Disclaimer of Warranties.
The site is provided by Kornblet Consulting, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Kornblet Consulting LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Kornblet Consulting LLC shall have no liability for any interruptions in the use of this Website. Kornblet Consulting LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

3. Limitation of Liability
KORNBLET CONSULTING, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR KORNBLET CONSULTING, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF KORNBLET CONSULTING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.

4. Indemnification
Member agrees to indemnify and hold Kornblet Consulting, LLC or any other entities that may be formed from time-to-time by Kornblet Consulting, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.

5. Modifications and Interruption to Service
Kornblet Consulting, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. Kornblet Consulting, LLC shall not be liable to Member or any third party should Kornblet Consulting, LLC[ exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Kornblet Consulting LLC does not guarantee continuous, uninterrupted or secure access to its web site and operation of its website may be interfered with or adversely affected by numerous factors or circumstances outside of its control.

6. Feedback and Submissions
All comments, feedback, submissions, information or materials submitted to Kornblet Consulting LLC through or in association with this web site shall be considered non-confidential and the property of Kornblet Consulting, LLC. By submitting any comments, information, submissions, or other feedback to Kornblet Consulting LLC through this web site Member agrees to a no-charge assignment to Kornblet Consulting, LLC of any rights, title and interest to the comments, information, submissions or other feedback. Subject to the privacy policy contained in this web site, Kornblet Consulting, LLC shall be free to use such comments, information, submissions, or other feedback. The submission by Member of any information, ideas or material grants Kornblet Consulting, LLC and its affiliates an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute that information or material and any underlying intellectual property.

7. Third-Party Sites
This web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. Member acknowledges that Kornblet Consulting LLC is not responsible for the availability of, or the content located on or through, any third-party site. Contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Use of those third-party sites is subject to the terms of use and privacy policies of each site, and Kornblet Consulting LLC is are not responsible therein. Member should review said privacy policies of third-parties’ sites.

8. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While Kornblet Consulting LLC makes every effort to ensure that the information on this web site is accurate, it can make no representations or warranties as to the accuracy or reliability of any information provided on this web site.

Kornblet Associates, LLC make no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and Member acknowledges that any reliance on representations and warranties provided by any Vendor shall be at Member’s own risk.

9. Governing Jurisdiction of the Courts
This website is operated and provided in the State of Missouri. As such, it is subject to the laws of the State Missouri, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. Kornblet Consulting LLC makes no representation that this web site or other services are appropriate, legal or available for use in other locations. Accordingly, if Member choose to access this web site Member agrees to do so subject to the internal laws of the State Missouri.

10. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

11. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2006 Kornblet Consulting, LLC, with all rights reserved, or is the property of Kornblet Consulting, LLC and/or third parties protected by intellectual property rights. Any use of materials on the web site, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Kornblet Consulting, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy Kornblet Consulting LLC web pages or the content contained therein without prior written permission of an authorized officer of Kornblet Consulting, LLC.

DailyBusinessOnline and Daily Essentials of Business Success™ are proprietary marks of Kornblet Consulting, LLC. Kornblet Consulting LLC’s trademarks may not be used in connection with any product or service that is not provided by Kornblet Associates, LLC or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Kornblet Consulting, LLC or its affiliates.

All other trademarks displayed on the Kornblet Consulting LLC web site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Kornblet Consulting, LLC or its affiliates.

12. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Kornblet Consulting LLC designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By Mail
Donald R. Kornblet
Kornblet Consulting LLC
8380 Olive Street Road
St. Louis, MO 63132

By phone:
314-497-1797

By Email:
Info@dailybusinessonline.com

13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. Viewer agrees that this Terms of Use Agreement and any other agreements referenced herein may be assigned by Kornblet Consulting LLC, in its sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.