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These
terms of service ("Terms of Service") apply to the online
financial applications branded under Bizztec Online and other
Bizztec Online branded or customized versions of the online
financial applications (collectively referred to as the
"Service"). The Service features and capabilities may vary
depending on the version or level of the Service provided with these
Terms of Service. As used in the Terms of Service, the terms
"you", "your" or "user" all refer to
the person using the Service in any way.
1. Permitted Uses
and Restrictions on Use
Subject to
these terms and conditions of the Terms of Service, Bizztec Online.
("Bizztec Online") or its subcontractors will provide the
Service that allows you to manage your company financial data on the
World Wide Web. You may not use the Service until you have read and
accepted all of the Terms of Service. In order to use the Service,
you must at your own expense obtain access to the World Wide Web,
either directly or through devices that access web-based content. 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.
2.1 Your
Registration Obligations
In
consideration of your use of the Service, you agree to: (a) provide
true, accurate, current and complete information about yourself as
requested by Bizztec Online and (b) maintain and promptly update the
data to keep it true, accurate, current and complete. If you provide
any information that we have reasonable grounds to suspect is
untrue, inaccurate, not current or incomplete, Bizztec Online may
suspend or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
2.2 Acceptable
Use Policy.
You agree to
comply with Bizztec Online's then-current Acceptable
Use Policy as posted from time to time. By submitting data,
files, software, text or other content ("Content") to
Bizztec Online in connection with this Service, you warrant that:
(i) you are the owner of such Content, or have been granted all the
rights necessary from the owner of Content to submit such Content to
Bizztec Online, and (ii) the use of Content by Bizztec Online and
its members will not infringe or misappropriate the intellectual
property rights of or otherwise violate the rights of any third
party.
3. Access,
Passwords and Security
You may
designate up to the number of users under your account which
corresponds to the level of Service you are receiving from Bizztec
Online, and you may provide and assign access and passwords to such
users. You will be responsible for the confidentiality and use of
your access number(s), password(s), and account number(s). You will
be responsible for all electronic communications, including account
registration and other account holder information, email and
financial, accounting and other data including any Content
("Electronic Communications") entered through or under
your access number(s), password(s) or account number(s). Bizztec
Online will act as though any Electronic Communications it receives
under your access number(s), password(s) or account numbers(s) will
have been sent by you. You agree immediately to notify Bizztec
Online if you become aware of any loss or theft or unauthorized use
of any of your access number(s), password(s) and/or account
number(s).
4.
Member Conduct
By submitting
any Content to Bizztec Online, you warrant that: (i) you are the
owner of such Content, or have been granted all the rights necessary
from the owner of such Content to submit such Content to Bizztec
Online, and (ii) the use of such Content by Bizztec Online and its
members will not infringe or misappropriate the intellectual
property rights of or otherwise violate the rights of any third
party. You agree to not use the Service to:
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impersonate any person
or entity, including, but not limited to, a Bizztec Online
official, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
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interfere with or
disrupt the Service or servers or networks connected to the
Service;
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violate any applicable
law or regulation, including, but not limited to, any rules of
any securities exchange;
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incite or provide
instructional information about illegal activities;
5. General
Practices Regarding Use, Storage and Service Access
You
acknowledge that Bizztec Online may establish from time to time
general practices and limits concerning use of the Service,
including without limitation, establishing the maximum amount of
storage space you have on the Service at any time, as well as
limiting the number of times (and the maximum duration for which)
you may access the Service in a given period of time. You agree that
Bizztec Online has no responsibility or liability for the deletion
or failure to store any messages and other communications or other
Content maintained or transmitted by the Service. As a condition of
use for this Service, you agree that, in the event of an error with
your Service, a Service technician shall be permitted to access your
Content as necessary to resolve the problem. You acknowledge that
Bizztec Online reserves the right to change these general practices
and limits at any time, in its sole discretion, with or without
notice.
6. Consumer
Information and Privacy
Privacy.
For details about Bizztec Online's privacy policies, please refer to
the Bizztec Online Privacy Statement. You agree to the terms and
conditions of the Bizztec
Online Privacy Statement, as it may be amended from time to
time, which is incorporated herein by reference.
7. Modifications to
the Service or Agreements
7.1 Modifications
to the Service. Bizztec Online reserves the right at any time
and from time to time to modify or discontinue, temporarily or
permanently, the Service (or any part thereof) at reasonable notice
to you . You agree that Bizztec Online shall not be liable to you or
to any third party for any modification, suspension or
discontinuance of the Service. Bizztec Online may specify from time
to time the version(s) of related products required in order to use
the Service (e.g. supported browser versions).
7.2 Modifications to the
Terms of Service. You agree that Bizztec Online may modify the
Terms of Service if necessary to comply with any other agreements
that Bizztec Online is currently bound by or will be bound by in the
future, and/or with applicable law, as well as to adjust to changing
business circumstances. Your continued use of any of the Service
shall constitute your acceptance of the Terms of Service with the
new modifications. If you do not agree to any of such changes, you
may terminate the Terms of Service by immediately ceasing all access
and use of the Service. You agree that such termination will be your
exclusive remedy if you do not wish to abide by any changes to the
Terms of Service.
8. Fees
You agree to
pay the then-current non-refundable fees associated with the level
of Service you choose. Additional fees may apply for (i) optional
add-on features to the Service; and may apply in the event you elect
to transfer from one level of the Service to another. When you
subscribe and provide payment information your valid credit card or
bank account will be debited and will automatically be debited
monthly or annually depending upon the payment option you choose at
the then-current rate to maintain the service unless you notify us
to cancel the Service prior to the beginning of the next renewal
period. Bizztec Online reserves the right to modify its fees with or
without notice.
9. Termination
You
acknowledge and agree that Bizztec Online may suspend or terminate
your account and/or deny you access to, use of, or submission of
Content for, all or part of the Service, without prior notice, if
you engage in any conduct that Bizztec Online believes, in its sole
discretion: (a) violates any term or provision of the Terms of
Service, (b) violates the rights of Bizztec Online or third parties,
(c) or is otherwise inappropriate for continued access and use of
the Service. In addition, Bizztec Online reserves the right to
terminate inactive membership accounts. You agree that upon
termination, either by you or us, we may delete all Content and
information related to your account and may bar your access to your
account and the Service including, but not limited to, access to any
of your Content entered into or used in connection with the Service.
Further, you agree that Bizztec Online shall not be liable to you or
any third-party for any termination of your access to the Service.
You agree to defend, indemnify and hold Bizztec Online harmless from
and against any and all claims, losses, liability costs and expenses
(including but not limited to attorneys' fees) arising from your
violation of the Terms of Service, country, state, provincial or federal laws
or regulations, or any third party's rights, including but not
limited to infringement of any copyright, violation of any
proprietary right and invasion of any privacy rights. This
obligation will survive the termination of Service.
10. Links
The Service may provide links to other World Wide Web sites or
resources. You acknowledge and agree that Bizztec Online 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. You further acknowledge and
agree that Bizztec Online 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.
11. Bizztec Online
Proprietary Rights
You acknowledge and agree that the Service contains proprietary and
confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or
information that may have been presented to you through the Service
or advertisers is protected by copyrights, trademarks, Service
marks, patents or other proprietary rights and laws.
12. No Resale, Etc.
of the Service
You agree not
to copy, sell, resell, rent or sublicense (including offering the
Service to third parties on an applications service provider or
time-sharing basis), lease, loan, redistribute, or create a
derivative work of any portion of the Service, use of the Service,
or access to the Service without the written approval of Bizztec
Online. You agree not to access the Service by any
means other than through the interface that is provided by Bizztec
Online for use in accessing the Service.
13. Disclaimer of
Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
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YOUR USE OF THE SERVICE
IS AT YOUR SOLE RISK. THE SERVICE AND ANY CONTENT OR ADD-ON
FEATURES THROUGH THE SERVICE ARE PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. BIZZTEC ONLINE
AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
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BIZZTEC ONLINE AND ITS
SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE AND ANY CONTENT OR
ADD-ON FEATURES THROUGH THE SERVICE (i) WILL MEET YOUR
REQUIREMENTS OR RESULT IN REVENUES OR PROFITS, (ii) WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) WILL
PROVIDE THE RESULTS THAT OBTAINED FROM THE USE OF THE SERVICE
TO BE ACCURATE OR RELIABLE, AND (iv) WILL PROVIDE THE QUALITY
OF ANY PRODUCTS, SERVICE, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE TO MEET YOUR
EXPECTATIONS. BIZZTEC ONLINE AND ITS SUPPLIERS MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE TERMS OF SERVICE OR THE
SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. BIZZTEC ONLINE EXPRESSLY DISCLAIMS
ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICE
WILL SATISFY ANY STATUTORY OR REGULATORY OBLIGATIONS, OR WILL
ASSIST WITH, GUARANTEE OR OTHERWISE ENSURE COMPLIANCE WITH ANY
APPLICABLE LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR
ENSURING THAT YOUR USE OF THIS SERVICE, RELATED SERVICES OR
CONTENT IS IN ACCORDANCE WITH APPLICABLE LAW.
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ANY CONTENT OR MATERIAL
TRANSFERRED FROM, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE OR ADD-ON FEATURES THROUGH THE SERVICE ARE
DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA AND/OR CONTENT THAT RESULTS FROM THE TRANSFER OR DOWNLOAD
OF ANY SUCH MATERIAL.
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NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
BIZZTEC ONLINE OR THROUGH OR FROM THE SERVICE OR ADD-ON
FEATURES THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TERMS OF SERVICE.
14. Representations
and Warranties.
You represent that, to the best of your knowledge and belief, your
use of the Service does not directly or indirectly infringe the
legal rights of a third party. You further represent and warrant
that all information provided by you in connection with your
registration is accurate and reliable.
15. Limitation of
Liability
(a) YOU
EXPRESSLY UNDERSTAND AND AGREE THAT BIZZTEC ONLINE AND ITS SUPPLIERS
SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, CONTENT OR OTHER
INTANGIBLE LOSSES (EVEN IF BIZZTEC ONLINE HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE, CONTENT AND/OR ANY INFORMATION; (ii)
THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICE RESULTING
FROM ANY GOODS, CONTENT, INFORMATION OR SERVICE PURCHASED OR
OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH
OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF
YOUR TRANSMISSIONS OR CONTENT; (iv) STATEMENTS OR CONDUCT OF ANY
THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE
SERVICE.
(b) YOU ALSO AGREE THAT
BIZZTEC ONLINE WILL NOT BE LIABLE FOR ANY (a) INTERRUPTION OF
BUSINESS, (b) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR
THE WEB SITE(S) YOU ACCESS THROUGH THIS SERVICE; (c) CONTENT
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION; (4) EVENTS BEYOND BIZZTEC ONLINE'S REASONABLE CONTROL;
(c) IN NO EVENT SHALL
BIZZTEC ONLINE'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU TO BIZZTEC ONLINE FOR THE SERVICE, BUT IN NO EVENT
GREATER THAN THREE HUNDRED DOLLARS ($300.00). BECAUSE SOME STATES,
PROVINCES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH CASES,
OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
16. Exclusions and
Limitations
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
MAY NOT APPLY TO YOU.
17. General
Information
The Terms of
Service constitutes the entire agreement between you and Bizztec
Online and governs your use of the Service, superceding any prior
agreements between you and Bizztec Online (including, but not
limited to, any prior versions of the Terms of Service) with respect
to its subject matter. You also may be subject to additional terms
and conditions that may apply when you use affiliate or other
Bizztec Online services, third-party content or third-party
software. Except as otherwise provided herein, the Terms of Service
shall be governed by the laws of the province of Ontario without
regard to its conflict of law provisions. Except as otherwise
provided in the Terms of Service, you and Bizztec Online agree to
submit to the personal and exclusive jurisdiction of the courts
located within the province of Ontario, Canada. The Terms of Service
does not limit any rights that Bizztec Online may have under trade
secret, copyright, patent, trademark or other laws. The failure of
Bizztec Online to exercise or enforce any right or provision of the
Terms of Service shall not constitute a waiver of such right or
provision. If any provision of the Terms of Service 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 Terms of Service remain in full force and effect.
You agree that any claim or cause of action arising out of or
related to use of the Service or the Terms of Service must be filed
within one (1) year after such claim or cause of action arose or be
forever barred. The section titles in the Terms of Service are for
convenience only and have no legal or contractual effect. The Terms
of Service will inure to the benefit of Bizztec Online and its
successors and assigns.
18. Survival
All
representations, warranties, Sections, 9, 13, 14, 15, 16, 17 and 18
in the Terms of Service shall survive the termination of the Terms
of Service.
Acceptable
Use Policy
1. Responsibility
for Content
You
understand that all Content, whether publicly posted or privately
transmitted, is the sole responsibility of the person from which
such Content originated. This means that you, and not Bizztec
Online, are entirely responsible for all Content that you upload or
otherwise transmit via the Services. Bizztec Online does not control
the Content uploaded or otherwise transmitted by you or other
customers via the Services and, as such, does not guarantee the
accuracy, integrity or quality of such Content. In this Policy,
"Content" means information, data, text (including but not
limited to names of files, databases, directories and groups of the
same), software, music, sound, photographs, graphics, video,
messages or other materials; and "Services" means the
services and/or facilities that Bizztec Online provides to you, for
example by subscription or by means of an Bizztec Online-branded web
site.
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2. Other
Conduct.
You
agree to not use the Services to: (a) upload or otherwise transmit
any Content or domain name that is unlawful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise
objectionable; (b) harm minors in any way; (c) impersonate any
person or entity, including, but not limited to, any Bizztec Online
representative, or misrepresent your affiliation with any person or
entity; (d) forge headers or otherwise manipulate identifiers in
order to disguise the origin of any Content transmitted through the
Services; (e) upload or otherwise transmit any Content that you do
not have a right to transmit under any law or under contractual
relationships (such as inside information, proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements); (f) upload or
otherwise transmit any Content or domain name that infringes any
patent, trademark, trade secret, copyright or other proprietary
rights of any person; (g) upload or otherwise transmit any
unsolicited or unauthorized advertising, promotional materials,
"junk mail", "spam", "chain letters",
"pyramid schemes", or any other form of solicitation,
except in those areas of the Services that may be designated for
such purpose; (h) upload 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; (i) interfere with or disrupt the Services or servers or
networks connected to the Services; (j) violate any applicable law
or regulation, including, but not limited to, any securities
exchange, and laws regarding the export of technical data; (k)
incite or provide instructional information about illegal
activities; or (l) conduct raffles, contests, lotteries or
sweepstakes, except in those areas of the Services that may be
designated for such purpose.
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3. Other.
This
Policy is subject to all applicable agreements and terms and
conditions between you and Bizztec Online. This Policy is subject to
change without notice.
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