The following terms of use ("TOU") apply to your use of BizBuyResource.com ("Website"), including your use of or access to the Services (as defined below) and the Content (as defined below) available through the Website. Please read the TOU carefully before using or accessing the Website, the Services or the Content. By using or accessing the Website, the Services or the Content, you signify your agreement to the TOU. Your use of or access to the Website, the Services or the Content is also subject to all applicable laws and regulations. If you do not agree to any of the terms or conditions in the TOU, you should not use or access the Website, the Services or the Content. Your use of or access to the Website, the Services or the Content is also governed by our Privacy Policy, which is available through a link on our home page at .
Last modified on February 1, 2005.
BizBuyResource.com provides the Website, the Content and the Services to you subject to the TOU. We may amend the TOU from time to time without notice to you, but if it does so, it will post the amended TOU on the Website at /terms.html. We encourage you to review the TOU from time to time for possible changes. Your continued use of or access to the Website, the Services or the Content after any amendment of the TOU signifies your agreement to the amended TOU. In addition, when using or accessing any Services or any Content, you will be subject to any additional posted guidelines or rules applicable to such Services or Content. All such additional guidelines or rules are hereby incorporated by reference into the TOU.
BizBuyResource supplies shopping, interactive and non-interactive features, all of which may be updated, deleted or otherwise modified from time to time at the discretion of BizBuyResource (collectively, the "Services"). In addition, BizBuyResource also provides access to certain photographs, text, images, logos and other media and intellectual property related to or otherwise associated with BizBuyResource, its advertisers and manufacturers. (collectively, the "Content"). Unless stated otherwise, the Website, the Services and the Content are subject to the TOU. You understand and agree that the Website, the Services and the Content are provided "AS-IS" and that BizBuyResource assume no warranty or guarantee in connection with your use of the Website, the Services or the Content. Under the TOU, you may download certain Content and Services available on the Website to a single personal computing device for your shopping use. You may not use any of the Content or Services for commercial purposes. Further, you may not distribute, modify, republish or publicly display any of the Content or Services unless you have the prior written permission of BizBuyResource, which permission may be withheld in our sole discretion.
In order to use the Website or the Services or access the Content, you must obtain access to the World Wide Web and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
In order to use the Services, you may be required to register with BizBuyResource by providing certain information about yourself, including your name and e-mail address. In consideration of your use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as requested in connection with the provision of and/or registration for any of the Services, subject to all applicable laws. If you provide any information that is untrue, inaccurate, incomplete or not current, or BizBuyResource has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, we reserve the right to suspend or terminate your use of the Web site and refuse any and all current or future use of the Services.
All information collected about you during shopping and checkout and use of the Services will be used in accordance with our Privacy Policy and all applicable laws. You agree to provide correct and accurate information concerning your order in connection with any registration for any Services, subject to all applicable laws. Shopping and some of the Services may not be available to children under age 13 without the permission of a parent or guardian. You may view our privacy policy at /privacy.html.
You agree that in connection with your use of the Website, the Services and the Content you will not:
a. upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anyone's privacy, hateful, or racially, ethnically or otherwise objectionable;
b. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
e. upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other intellectual property right of any party;
f. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation;
g. upload, post, email or otherwise transmit 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 hardware or telecommunications equipment;
h. interfere with or disrupt the Website, the Services, the Content or servers or networks connected to the Website, the Services or the Content, or disobey any requirements, procedures, policies or regulations of networks connected to the Website, the Services or the Content; or
i. intentionally or unintentionally violate any applicable local, state, national or international law.
a. Any form of online communication, through forms or email, is know as "Messages". When any user posts any Message to the Website or any of the Services, BizBuyResource shall have the right, but not the obligation, in its sole discretion, to review, edit or delete any Message for any reason at our discretion sole discretion. It is our policy to fully cooperate with law enforcement authorities and court orders which request us to disclose personal information or the postings of anyone posting Messages to the Website or any of the Services. Although BizBuyResource may monitor and/or review Messages from time to time, it is under no obligation to do so and we will not assume any liability or responsibility with respect to any Messages, including those that contain errors, defamatory content, pornography, profanity or inaccuracies.
b. You acknowledge and agree that BizBuyResource may preserve Messages and may also disclose Messages if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOU; (c) respond to claims that any Message violates the rights of third parties; or (d) protect the rights, property or personal safety of BizBuyResource, its users and the public. You understand that the technical processing and transmission of the Services, including Messages, may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
BizBuyResource may offer you the opportunity to vote in connection with certain events or surveys. By casting your vote, you are agreeing to abide by the TOU and any and all voting guidelines posted on the Website.
You agree to indemnify, defend and hold harmless BizBuyResource and each of their respective officers, directors, governors, owners, other officials, partners, partnerships, principals, employees, affiliates and other related entities, servants, agents, representatives, successors and assigns (collectively, the "BizBuyResource Entities") from and against any claim or demand, including reasonable attorneys' fees, arising out of Messages you post to, submit or transmit through the Website or the Services, your use of the Website or the Services, your connection to the Website or the Services, your violation of the TOU or your violation of any rights of another. You further agree to indemnify, defend and hold harmless BizBuyResource Entities harmless against any loss due to faulty manufacturers products or service and/or loss of product or service due to shipping error or shipping handling including all legal fees and lost revenues as a result of such loss.
BizBuyResource reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or the Services (or any part thereof) with or without notice. You agree that the BizBuyResource Entities shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or the Services.
You agree that BizBuyResource, in its sole discretion, may terminate your password and/or use of the Website and/or the Services, for any reason, including, without limitation, for lack of use or if BizBuyResource believes that you have violated or acted inconsistently with the letter or spirit of the TOU. BizBuyResource may also in its sole discretion and at any time discontinue providing the Website or the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this TOU may be effected without prior notice, and acknowledge and agree that BizBuyResource may immediately deactivate or delete your password and all related information and/or files corresponding to your password and/or bar any further access to such files or the Services. Further, you agree that the BizBuyResource Entities shall not be liable to you or any third party for any termination of your access to the Services.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the BizBuyResource Entities shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. All of your business dealings with vendors and advertisers appearing on the Website or in connection with the Services shall be at your sole risk.
The Website and/or the Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because BizBuyResource have no control over such sites and resources, you acknowledge and agree that BizBuyResource Entities are not responsible for the availability of such external sites and/or resources nor endorse and are not responsible or liable for any content, advertising, products or other materials on or available from such sites and/or resources. You further acknowledge and agree that BizBuyResource Entities shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
You acknowledge and agree that (i) BizBuyResource, the BizBuyResource type logo are copywrite of BizBuyResource; (ii) all logos and marks as well as all other proprietary materials depicted on the Website, the Services and the Content are the property of BizBuyResource and their respective manufacturers and may not be reproduced without the prior written consent of BizBuyResource (or its designee); and (iii) the Content, including, without limitation, news articles, press releases, statistics, biographies, photographs, images, illustrations, audio and video clips, is the property of, or is licensed by, BizBuyResource or one or more of the other BizBuyResource Entities.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE WEBSITE, THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK. THE WEBSITE, THE SERVICES AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BizBuyResource ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
b. THE BizBuyResource ENTITIES MAKE NO WARRANTY THAT (i) THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR REQUIREMENTS, (ii) THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE WEBSITE, THE SERVICES OR THE CONTENT WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE, THE SERVICES OR THE CONTENT WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE OPERATING ON THE WEBSITE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE OR THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR THROUGH OR FROM THE SERVICES OR THE CONTENT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE BizBuyResource ENTITIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE BizBuyResource ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONTRACT, TORT OR ANY OTHER CAUSE OF ACTION, RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE, THE SERVICES OR THE CONTENT; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE, THE SERVICES OR THE CONTENT; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS POSTED BY, OR THE CONDUCT OF, ANY THIRD PARTY ON THE WEBSITE, THE SERVICES OR IN THE CONTENT, INCLUDING, WITHOUT LIMITATION, THE POSTING OR TRANSMISSION BY THIRD PARTIES OF DEFAMATORY, OFFENSIVE OR ILLEGAL MATERIAL; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES OR THE CONTENT. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY ANY ERROR, OMISSION OR OTHER FAILURE OF PERFORMANCE BY BizBuyResource, ITS AFFILIATES AND BUSINESS PARTNERS; ANY INTERRUPTION, DEFECT OR DELAY IN OPERATION OR TRANSMISSION, INCLUDING COMMUNICATION LINE FAILURE; ANY COMPUTER VIRUS; AND ANY THEFT, DESTRUCTION OR ALTERATION OF, OR UNAUTHORIZED ACCESS TO OR USE OF, ANY ELECTRONIC RECORDS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 16 AND 17 MAY NOT APPLY TO YOU.
BizBuyResource may provide notices to you via email or postal mail. BizBuyResource may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Website or by posting an amended TOU on the Website. You may provide notices to BizBuyResource by email at info@BizBuyResource.com or by postal mail at BizBuyResource, 1120 Metrocrest Dr. Ste 100, Carrollton, TX 75006.
No link to the Website may be "framed" to the extent such frame contains any sponsorship, advertising or other commercial text or graphics. All links to the Website must be to http://www.BizBuyResource.com, the Website home page. "Deep Linking" to internal pages of the Website is expressly prohibited.
You may order products and services online from BizBuyResource (the "Store"). By placing an order through the Store, you agree to pay all amounts payable for such order, including taxes and shipping and handling expenses. All items ordered from the Store are shipped straight from the manufacturer. Any delay and loss of the order before it is shipped is beyond the control of BizBuyResource.
The TOU constitute the entire agreement between you and BizBuyResource and govern your use of the Website, the Services and access to the Content, superseding any prior agreements between you and BizBuyResource. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOU and the relationship between you and BizBuyResource shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You and BizBuyResource agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Dallas, Texas. The failure of BizBuyResource or any of the other BizBuyResource Entities to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU shall remain in full force and effect. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOU are for convenience only and have no legal or contractual effect.