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INTRODUCTION

Welcome to www.BizXpertapp.com and www.BizXpert.com. By visiting our website, downloading our applications and accessing the information, resources, services, products, and tools we provide (the ‘Resources’), you understand and agree to adhere the terms and conditions below along with the terms and conditions of our Privacy Policy (the ‘User Agreement’).

The User Agreement, in effect as of November 8, 2012, represents a complete and exclusive statement of our agreement superseding all prior understandings and communications relating to subject matter within the User Agreement. We reserve the right to change the User Agreement from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the User Agreement periodically to familiarize yourself with any changes. Your continued use of this website after such changes will constitute your acknowledgment and agreement to the modified terms and conditions.

RESPONSIBLE USE AND CONDUCT

By visiting our website and accessing the Resources, you agree to use the Resources only for the purposes intended as permitted by the terms of this User Agreement, as well as, applicable laws, regulations and generally accepted online practices or guidelines.  The term of your account access to the Resources (the ‘Term’) will begin when you click the button authorizing use of the Resources and continue as long you as you have access to the Resources according to terms of the User Agreement.  If you agree to the User Agreement on behalf of a company or other entity, you represent and warrant that you have the authority to enter into the User Agreement on their behalf.

Further, you acknowledge and understand that:

  • a. In order to access the Resources, you may be required to provide certain information about yourself (such as identification, contact details, etc.) as part of the registration process, or as part of your ability to use the Resources. You agree that any information you provide will always be accurate, correct, and up to date.
  • b. You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Resources. Accordingly, you are responsible for all activities that occur under your account/s.
  • c. Accessing (or attempting to access) any of the Resources by any means other than through the means we provide, is strictly prohibited. You specifically agree not to access (or attempt to access) any of the Resources through any automated, unethical or unconventional means.
  • d. Engaging in any activity that disrupts or interferes with the Resources, including the servers and/or networks to which the Resources are located or connected, is strictly prohibited.
  • e. Attempting to copy, duplicate, reproduce, sell, trade, or resell the Resources is strictly prohibited.
  • f. You are solely responsible any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you, as explained above, and may incur criminal or civil liability.
  • g. We may provide various open communication tools on our website, such as blog comments, blog posts, public chat, forums, message boards, newsgroups, product ratings and reviews, various social media services, etc. You understand that generally we do not pre-screen or monitor the content posted by users of these various communication tools, which means that if you choose to use these tools to submit any type of content to our website, then it is your personal responsibility to use these tools in a responsible and ethical manner. By posting information or otherwise using any open communication tools as mentioned, you agree that you will not upload, post, share, or otherwise distribute any content that:
    • i) Is illegal, threatening, defamatory, abusive, harassing, degrading, intimidating, fraudulent, deceptive, invasive, racist, or contains any type of suggestive, inappropriate, or explicit language;
    • ii) Infringes on any trademark, patent, trade secret, copyright, or other proprietary right of any party;
    • iii) Contains any type of unauthorized or unsolicited advertising;
    • iv) Impersonates any person or entity, including any BizXpertapp.com and www.BizXpert.com employees or representatives.
  • We have the right at our sole discretion to remove any content that, we feel in our judgment does not comply with this User Agreement, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any 3rd party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and consent to waive any claim against us.
  • h. We do not assume any liability for any content posted by you or any other 3rd party users of our website. However, any content posted by you using any open communication tools on our website, provided that it doesn’t violate or infringe on any 3rd party copyrights or trademarks, becomes the property of BizXpert, Inc., and as such, gives us a perpetual, irrevocable, worldwide, royalty-free, exclusive license to reproduce, modify, adapt, translate, publish, publicly display and/or distribute as we see fit. This only refers and applies to content posted via open communication tools as described, and does not refer to information that is provided as part of the registration process, necessary in order to use the Resources. All information provided as part of our registration process is covered by our Privacy Policy.
  • i. You agree to indemnify and hold harmless BizXpert, Inc. and its parent company and affiliates, and their directors, officers, managers, employees, donors, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of this User Agreement or the failure to fulfill any obligations relating to your account incurred by you or any other person using your account. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this User Agreement. In such event, you shall provide us with such cooperation as is reasonably requested by us.

SERVICE FEES

Regarding your agreement to use the Resources throughout the Term, please note account service fees will be posted on our website and may be changed from time to time. Your agreement will automatically renew on the annual anniversary date of the Term based on the aforementioned terms and conditions unless your account is otherwise terminated or suspended.

All payments due under your account shall be made in U.S. dollars. Any payments more than thirty (30) days past due from the payment due date will bear a late payment fee of 1.5% per month and subject the account to automatic suspension. Any payments more than sixty (60) days past due from the payment due date will subject the account to automatic termination. We shall have no liability for damages to you due resulting from a suspension or termination of your account.

Your account service fees can be paid by credit card if your account is in good standing.  If you provide us with valid credit card information, we will deduct the monthly charges against that credit card.  In such case, you agree to contact us to update the credit card information if the card expires or if the card information changes.  If we are unable to process the credit card payment, we will contact you by email and suspend your account until the credit card information discrepancy can be corrected. Anyone using a credit card represents and warrants that they are authorized to use that credit card and bill charges against it.

Your account service fees are billed exclusive of any taxes. If we are required to pay any income taxes, sales and use taxes, value-added taxes, withholding taxes or other taxes on your behalf to allow you use of the Resources pursuant to the User Agreement, then such taxes shall be charged to your account at the time your service fees are billed.

PRIVACY

Your privacy is very important to us.  For this reason, we’ve created a separate Privacy Policy in order to explain in detail how we collect, manage, process, secure, and store your private information. Our Privacy Policy is included under the scope of this User Agreement. To read our Privacy Policy in its entirety, click here.

LIMITATION OF WARRANTIES

By using our website, you understand and agree that all Resources we provide are “as is” and “as available”. This means that we do not represent or warrant to you that:

  • the use of the Resources will meet your needs or requirements.
  • the use of the Resources will be uninterrupted, timely, secure or free from errors.
  • the information obtained by using the Resources will be accurate or reliable, and
  • any defects in the operation or functionality of any Resources we provide will be repaired or corrected.
  • any content downloaded or otherwise obtained through the use of the Resources is done at your own discretion and risk, and that you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the download of such content.
  • no information or advice, whether expressed, implied, oral or written, obtained by you from BizXpert, Inc. or through any Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in this User Agreement.

LIMITATION OF LIABILITY

In conjunction with the Limitation of Warranties as explained above, you expressly understand and agree that any claim against us shall be limited to the amount you paid, if any, for use of products and/or services. BizXpert, Inc. will not be liable for any direct, indirect, incidental, consequential or exemplary loss or damages which may be incurred by you as a result of using the Resources, or as a result of any changes, data loss or corruption, cancellation, loss of access, or downtime to the full extent that applicable limitation of liability laws apply.

COPYRIGHTS/TRADEMARKS

All content and materials available on www.bizxpertapp.com, including but not limited to text, graphics, website name, code, images and logos are the intellectual property of BizXpert, Inc., and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display or transmission of any content on this site is strictly prohibited, unless specifically authorized by BizXpert, Inc.

ACCOUNT DISPUTES

As we don’t presume to know the inner workings of your organization or the nature of your personal relationships, we will not engage in or mediate disputes over who owns an account. You agree that we will decide who owns an account based on the information you provide us. If multiple people or parties are identified as having access to your account, then you agree work to resolve any account ownership related disputes directly with the other party and not request access to or information about an account that is not yours.

TERMINATION OF USE

You may terminate your account at any time.  You agree that we may, in our sole discretion, suspend or terminate your account with or without notice to you and for any reason, including, without limitation, breach of the User Agreement. In such case, we may refund any amounts you prepaid beyond the time your account is active, otherwise, you will not be entitled to a refund from us under any other circumstances. Upon suspension or termination of your account, your right to use the Resources will immediately cease, and we reserve the right to remove or permanently delete any information that you may have on file with us, including any account or login information. Any suspected illegal, fraudulent or abusive activity for cause may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

GOVERNING LAW

This website is controlled by BizXpert, Inc. from our offices located in the state of Florida, USA. It can be accessed by most countries around the world. As each country has laws that may differ from those of Florida, by accessing our website, you agree that the statutes and laws of Florida, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this website and the purchase of any products or services through this site.

Furthermore, any action to enforce this User Agreement shall be brought in the federal or state courts located in USA, Florida You hereby agree to personal jurisdiction by such courts, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.

GUARANTEE

UNLESS OTHERWISE EXPRESSED, BizXpert, Inc. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

CONTACT INFORMATION

If you have any questions or comments about these our Terms of Service as outlined above, you can contact us at:

BizXpert, Inc.
21 Hersey Drive
Ocean Ridge, Florida 33435
Email: info@bizxpert.com
Web: http://www.bizxpert.com/