www.bizcu.com terms of agreement revised 04/25/10
Terms of Service Agreement
Issued May 13, 2009
Before joining BizTeam as a Client User or Moderator, please read our Terms of Service Agreement in its entirety, in that Client User completion/acknowledgment is require. This documents is designed to educate you about how to be a valuable Client User of the BizTeam Network and, as a Client User, how to derive the most value from BizTeam.
The BizTeam Network Service (“Service”) includes a Satellite Web site at www.BizTeam.com (“Site”), and is organized primarily to help businesses and individuals associated with progressive, independent business ("Client Users"& “Moderators”) network with other like-minded individuals and businesses.
YOU AGREE TO READ THIS AGREEMENT BEFORE USING THE BizTeam NETWORK. THESE TERMS ARE ENTERED INTO BY AND BETWEEN BizTeam AND YOU, AND YOU ACCEPT THEM BY: PLACING AN ORDER THROUGH AN BizTeam NETWORK WEB SITE, USING A BizTeam NETWORK WEB SITE IN ANY OTHER MANNER AND ACKNOWLEDGING AGREEMENT WITH THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT USE THE BizTeam NETWORK.
Where the content states: "We" includes BizTeam or any party acting on BizTeam implicit instructions. "You" includes the person purchasing the services or any party acting on the customer's instructions. "Client User" includes the purchaser of services or any party acting on the purchaser's instructions. "Web Site" means the area on the Server allocated by us to you for use by you as a site on the Internet. "TOS" includes this agreement. In consideration of the mutual covenants herein, the parties agree to the following, which shall apply during the term of this agreement:
1. DESCRIPTION OF SERVICE. BizTeam offers certain services to you on the BizTeam Network, including a satellite web site, outside networking events, articles, news, interest zones, and profile updates, SEO & local optimization and coupons through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for BizTeam to provide the Service. BizTeam reserves the right to refuse Service to any user.
2. REGISTRATION. In order to become a Client User and use certain parts of the Service, you must register and complete the BizTeam Network's registration form, below. As part of the registration process, you agree: to provide certain limited information about you as prompted by a registration form (such information to be current, complete and accurate); to submit a valid e-mail address and select a password; to be responsible for all uses of your account—whether or not you have authorized such use—and for maintaining the confidentiality of your password; to notify BizTeam immediately of any unauthorized use of your account; that you are at least 18 years of age and engaged in a legitimate business; to maintain and update this information as required to keep it current, complete and accurate; to pay $59.95 for web site set up and $39.95 per month usage charges and, as a Moderator, within six (6) months of becoming a Client User, to recruit and maintain 15 or more Client Users and hold one (1) outside networking event per calendar month. Events hosted by Moderators are part of the Service. All events listed on the Site are subject to review and approval by BizTeam; we may, at our sole discretion, reject or edit a pending or published event listing. For their services Moderators will receive $15.00 per Client User recruited/maintained per month. The information requested during the registration process shall be referred to as registration data. You accept all risks of unauthorized access to registration data. BizTeam reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. BizTeam will not be held liable for any loss or damage for non-compliance with this Agreement.
3. USER CONDUCT/MLM POLICY/NON-SPAM. As part of BizTeam Network's community of users, you will naturally agree to act responsibly and to treat other users with respect. You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the Service.
BizTeam is NOT a MLM (multi-level marketing company, also known as network marketing) and BizTeam will not grant access to anyone actively promoting a MLM (. We define MLM’s broadly as any business that recruits members, resellers or distributors for products or services that do not originate with the person seeking membership in BizTeam. As a networking service, BizTeam encourages our Client Users to refer friends and clients to specific products and services from fellow Client Users. However, we are not comfortable with the possibility that they would ever be put in a position of being pitched on a business opportunity such as the type provided by MLMs.
Client Users are prohibited from “spamming”. You will not use the Service to transmit, either directly or indirectly, or facilitate the transmission of any unsolicited bulk or commercial email ("Spam").You will not post content: in inappropriate categories, with excessive frequency; in multiple categories or multiple cities; or with identical or substantially identical text or photography. You will not use unrelated words in content to skew search results. Therefore, it is unlawful for any Client User to: distribute or disseminate inappropriate, unauthorized or unsolicited advertising or promotional offers including, but not limited to, contests, sweepstakes, barter, junk mail, spam, chain letters, and pyramid schemes.
4. CONTENT. You are fully responsible for any data, text, software, music, sound, photographs, graphics, video, messages, or other materials ("Content") you upload, post, or otherwise transmit on or via the Service including, but not limited to forum posts, articles, news stories, blogs, and e-mail messages—and the consequences of any such Content. You agree not to post any Content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of others and are fully responsible for any Content that you do post. You understand and agree that BizTeam may review from time to time and delete any Content, including Content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of others. Content that is illegal or prohibited ("Prohibited Content"), includes, but is not limited to, Content that: is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene, defamatory, vulgar, pornographic, profane, indecent or otherwise objectionable; displays sexually explicit material of any kind; encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violates any applicable local, state, national or international law or regulation; transmits or posts any Content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users or the Service; contains personally identifiable information about another individual that was published without their express consent; advertises any illegal services or the sale of any items prohibited or restricted by applicable law or has misleading email addresses or other manipulated identifiers to disguise its origin.
BizTeam does not claim ownership of the Content you submit or make available for inclusion on the Service and shall have no obligation of any kind with respect to such Content. Unless otherwise stated herein any Content you submit or make available for inclusion on the Service shall be deemed to be provided on a non-confidential basis ("the Non-confidential Content"). Unless governed by such a separate agreement between you and BizTeam, BizTeam shall be free to use or disseminate Non-confidential Content on an unrestricted basis for any purpose, and you grant BizTeam an irrevocable, worldwide, royalty-free, nonexclusive license to use, copy, license, reproduce, modify, distribute, transmit, display, perform, adapt, resell, publish, and otherwise exploit such Content (including in digital form). You represent and warrant that you have proper authorization for the worldwide transfer and processing among BizTeam, its affiliates, and third-party providers of any Content that you may provide on the Service.
5. PRIVACY. Of the personal information BizTeam collects, we consider any email addresses, physical addresses, phone numbers, passwords, and credit card numbers you submit to use to be highly private. We will not sell, lease or exchange your private data to third parties except to provide products or services you've requested, when we have your permission.
6. COPYRIGHT. Unless otherwise indicated, all Web site materials (including without limitation all articles, text, images, logos, software, and design) are the proprietary and copyrighted property of BizTeam.
7. TERMINATION. BizTeam reserves the right to refuse service to anyone in its sole discretion. BizTeam may terminate your Service and remove any and all Information, Content, postings or communications at any time, without notice, for conduct that violates this Agreement.
8. ADVERTISEMENTS AND PROMOTIONS. BizTeam may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than BizTeam found on or through an BizTeam Network Web Site, 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. BizTeam is not 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 non-BizTeam advertisers on a BizTeam Network Web Site.
9. CONTENT PROVIDED VIA LINKS. You may find links to other Internet sites or resources on an BizTeam Network Web Site. You acknowledge and agree that BizTeam is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. BizTeam will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss 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.
10. MODIFICATION. WE RESERVE THE RIGHT TO MODIFY THIS AGREEMENT AT ANY TIME BY POSTING THE AMENDED TERMS ON THE BizTeam NETWORK. Your continued use of the BizTeam Network indicates your acceptance of any amendments to the Agreement.
11. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE BizTeam NETWORK IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD. THE SERVICES AND ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE BizTeam NETWORK ARE PROVIDED ON AN "AS IS" BASIS. BizTeam. NEITHER BizTeam NOR ITS SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE BizTeam NETWORK WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES BizTeam, ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. BizTeam DOES NOT WARRANT THAT THE BizTeam NETWORK OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY. TO THE FULL EXTENT PERMITTED BY LAW, BizTeam, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE EVEN IF BizTeam HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE REASONABLY FORESEEN THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR TORT. FURTHER, BizTeam SHALL HAVE NO LIABILITY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. TO THE EXTENT THAT ANY JURSIDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORITONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
13. INDEMNITY. You hereby agree, at your expense, to indemnify, defend and hold BizTeam and its officers, directors, agents, licensors, suppliers, partners and representatives harmless from and against any claim or demand, including any losses, costs, damages, liability, and/or expense made by a third party arising out of or relating to; your violation of rights of others, your fraud or manipulation, or other breach of this Agreement, or your use of the BizTeam Network, any service, or software.
14. BizTeam TRADEMARKS NOTICE. The term "BizTeam" and all graphic images associated with the site are trademarks or registered trademarks of BizTeam. All other company and/or product names may be trademarks or registered trademarks of their owners.
15. GENERAL TERMS. This Agreement is governed in all respects by the laws of the State of Illinois, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Cook County, Illinois and you consent to the exclusive jurisdiction of such courts. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. BizTeam's failure to act with respect to a breach by you does not waive BizTeam's right to act with respect to subsequent or similar breaches. BizTeam shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond BizTeam's reasonable control.
16. SPECIAL ADMONITIONS FOR INTERNATIONAL USE. As a consequence of the global nature of the Internet, you agree to comply with all local rules regarding user conduct on the Internet and acceptable Content.
17. NO REFUND POLICY. After paying the Membership fee, without any exception BizTeam has a NO REFUND policy. Therefore, we strongly recommend that before payment, you read the entire Terms of Agreement, Privacy and No MLM Policies By making a payment for Membership to our site, you acknowledge that you have read and agree to the No Refund Policy.
18. ENTIRE UNDERSTANDING. This Agreement, constitutes the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. BizTeam reserves the right to change this Agreement and the terms from time to time. You understand and agree that you are solely responsible for reviewing the terms of this Agreement from time to time.
