BizBrag™ Terms and Conditions

The following are the Terms and Conditions Agreement of use regarding the BizBrag site, the Products and the Services. Please read these Terms and Conditions carefully. By using the BizBrag site, the Products and the Services, you/your business indicate your acceptance of these Terms and Conditions of Use. If you DO NOT accept any or all of these Terms and Conditions, then please DO NOT use the BizBrag site, the Products or the Services. By checking the “I accept box” when you/your business joins BizBrag, located on the JOIN NOW section, you/your biz are accepting the following Terms and Conditions every time you log in to your BizBrag account through the BizBrag website or by accessing the BizBrag site by means of any API interface.

BizBrag, Inc. (“BizBrag”) provides small businesses and other entities with a wide variety of products and services that are both user-generated and requested driven. These products and services are related to: user-generated small business news posting, business profiles and related information, email services, search engine optimization services, press release services, social media services, social networking services, image hosting services, information archiving services, live chat services, hyperlink badge services and other services as it relates to small business news and happenings.

BizBrag takes the compliance and the guidelines of the CAN-SPAM ACT very seriously and the same attitude and practices are to be upheld by all of those who use the BizBrag site, the Products and the Services. The Anti-Spam Policy held within these Terms and Conditions will provide the precise guidelines of which needs to be followed when using the BizBrag site, the Products and the Services. Never is the BizBrag site, the Products or the Services to be used for sending unsolicited emails, non-permission based emails or for the hosting of illegal materials (content). Please report any suspicious activity at [email protected].

Using the BizBrag Products

All products provided by BizBrag are subject to these Terms and Conditions. If you are using BizBrag through a third party service or website, you must agree to these Terms and Conditions as well. In addition to these Terms and Conditions, you must also understand, agree and acknowledge: BizBrag is not responsible or liable for any actions of such third party. Use such third party at your own risk. BizBrag may, at any time, with or without notice, terminate such third party’s ability to access or utilize any Products at BizBrag’s sole discretion, with no liability to your or to the third party. Using these products must be followed by this criteria: you must be 18 years of age, if you are an employee for a business then you must have the ability to bind your employer by your use of the Products, the Products are only offered and available to persons who can form legally binding contracts under applicable law. Using the Products, you must also: provide accurate, truthful, up-to-date and complete information about yourself and/or your business as requested in any join or sign up form. From time to time, you may have issues with Products that will lead to the need for BizBrag to remotely access your computer, as per your authority. You hereby waive any claim for damages from any problems that may arise from such access.

Agreements and Representations

The following points are applicable, agreed upon and represented in the rest of the terms stated in this Agreement:

  • The Products and Services my only be used for lawful purposes.
  • That not all email messages/messages sent from the BizBrag messaging system/live chat messages sent through the use of the Products and Services will be received by all of their intended recipients.
  • Any use of the Products and/or Services must reflect accurate information as it pertains to you/your business and not to be used for any false, malice, misleading, derogatory, defamatory or otherwise harmful intent toward another individual, business or other entity.
  • The ‘Upgrade’ is a month-month flat-fee subscription charge (discounted or otherwise, as stated when you subscribe to the agreed upon amount) that will continue to be charged to your credit card or applicable account until you discontinue the subscription.
  • That there are no guarantees of results as it relates to search engine placement, bookmarking, RSS Feeds and various news media coverage and/or visibility. The internet is a very dynamic and changing algorithm as it relates to search and news aggregators, so BizBrag is always changing and updating technology to provide the community with the best possible results, but this is just to state that there are no guarantees, except for the guarantee of BizBrag to work hard in order to maintain very high quality Products and Services always.
  • That any social media or social networking sites that are connected to BizBrag and any of its subscribers are completely independent of BizBrag.
  • That any issues that may arise from social media or social networking accounts and account activity that are connected with any BizBrag subscriber is not the responsibility of BizBrag.
  • The site, Products and Services are all subjected to the strict guidelines of the CAN-SPAM ACT
  • The Products may not be used to send any unsolicited email.
  • The Products may not be used in connection with any third party lists.
  • The Products may only be used with ‘permission-based’ lists.
  • That you are the sole/designated/approved ‘sender’ of any email message sent by you via the BizBrag site, Products and/or Services.
  • That every email message sent by you via the BizBrag site, Products and/or Services must include/contain the BizBrag opt-out (unsubscribe) link that allows recipients to remove themselves from your mailing list and or email transmission.
  • That you will abide by the CAN-SPAM Act and remove any persons, business or other entity that requests an opt-out, by disabling their transaction to any email within 30 days and to never resend or send another message to them via the BizBrag site, Products or Services.
  • That every email message sent by you via the BizBrag site, Products and/or Services will include your personal or place of business physical address.
  • That every email message sent by you via the BizBrag site, Products and/or Services will include a clear, truthful ‘from’ line that accurately identifies you, your business or the entity you are associated with/employed by.
  • That every email message sent by you via the BizBrag site, Products and/or Services will include an accurate, non-deceptive and clear ‘subject’ line that does not provide any misleading information as it relates to the applicable/included email message/content.
  • The BizBrag site, Products or Services will not be used for hosting, transmitting, inferring or reflecting any content that infringes on the intellectual property rights of other individuals, businesses or entities relating to patents, copyrights, trademarks in any way as well as include any slanderous, libelous or obscene content/material or any other content/material that violates any and all applicable law and/or regulation.
  • That any email message sent by you via the BizBrag site, Products and/or Services will not include a special offer (discount, coupons, or the like), as this encourages recipients to forward the emails.
  • That, should you be using a third party service to use/access the BizBrag site, Products and/or Services, you will adhere and abide by this Agreement, regardless of anything that may be written into your agreement with a third party. That third party set of Agreements and Terms does not provide the shelter or avoidance of the Terms and Conditions set forth by this Agreement.
  • You will adhere to and abide by the BizBrag Privacy Policy at all times.
  • You will adhere to and abide by the BizBrag Anti-Spam Policy at all times.
  • The content/message of all information in emails, messaging services, posting services or live chat services will comply with the restrictions on content as set forth or referenced in this Agreement.
  • You and/or your business agree not to interfere, disrupt, corrupt or spam this site, servers or any other BizBrag related networks (blogs, etc.) in any way.

Fees and Payment

It is completely FREE to join BizBrag. There are two (2) Accounts available: Basic and Upgrade. Accounts and all of the products and services made available to ‘Basic Account’ users are free. An ‘Upgrade Account’ is one that ALL features have been ‘unlocked’ for the use of that user (see comparison chart). There are no hidden fees, no extra charges, and no charges incremental charges for more emails sent, news articles posted, social media connections, additional contacts or any other feature, it will always be a flat monthly fee of $24.99. You may cancel your subscription at any time without incurring any penalties or additional fees. Just be aware that, should you discontinue your subscription before the full month of your last subscription month is finished, subscriptions will not be retro-paid. The goal of BizBrag is to simplify the lives of small businesses and their owners without affecting their budgets. This upgrade is a monthly subscription fee. Monthly subscription fees will be charged automatically to the credit card or PayPal account provided. This charge will continue until you notify BizBrag of your desire to discontinue use, just contact us at subscripti[email protected]. Should the credit be declined after the proper amount of tries by the PayPal system, your account will be temporarily disabled and the Upgrade features will no longer be available to you until your account is brought up to satisfaction. For any issues relating to your Upgraded Account, please contact us at [email protected]. The means by which payment method occurs is: credit card payment (thru PayPal as the payment processor), a PayPal Account, cash or check (minimum of 6 month pre-pay for cash and check payments mailed to BizBrag, Inc., c/o Subscriptions, 2701 Caves Road, Owings Mills, Maryland 21117). Please send an email to [email protected] to enable your subscription, should you be paying by cash or check.

Discounts and Programs

Should you be interested in any type of discount or becoming part of the BizBrag Partner Program, please contact us at [email protected]. Discounts will be confirmed by BizBrag and the appropriate discount information will be relayed to all parties that qualify. This discounted fee payment structure will follow the same Upgraded payment processes and Upgraded subscription payment structures as indicated above.

Why PayPal?

BizBrag uses PayPal for two reasons: Trust and Security. As BizBrag continues to build a positive reputation and gains the trust and loyalty of small businesses everywhere, it is felt that, initially, a secure, well-known payment processing company should handle the financial transactions in order to ensure a trust and comfort level until BizBrag proves it is worthy to conduct the fiscal transactions for small businesses everywhere while collecting their financial information. There are no extra charges or hidden fees connected with PayPal. Users can use PayPal without having a PayPal account; they can make credit card transactions, without being a PayPal member.

For PayPal’s User Agreement, visit here

For PayPal’s Privacy Policy, visit here

BizBrag Rights

It is the right of BizBrag, at its discretion, to remove any content or message, plus, disable any user account (Basic or Upgrade, without refund) should BizBrag believe that you or your business has violated any or all Terms, Conditions or any specific or inferred part of this Agreement. We reserve the right, without notice and in our sole discretion, to terminate your account. Without limiting the foregoing, and in accordance with the Digital Millennium Copyright Act (DMCA), it is BizBrag’s policy to terminate, in appropriate circumstances as determined in our sole discretion, subscribers or account holders who we determine are repeat infringers. If any provision of this User Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. The following provisions will survive any termination of this User Agreement: “User Content”, “Your Liability”, “Trademarks”, “No Warranties”, “Limited Liability”, and “Applicable Law and Venue.”
The Law, CAN-SPAM Act…and Beyond

You shall only use this site, the Products and the Services under regulations: in this Agreement, in our Privacy Policy, in our Anti-Spam Guidelines, applicable international, U.S., state and local laws. You acknowledge that you are not a Restricted Person and that you, in no way, can utilize this site, its Products or its Services in connection with any third party Restricted Persons. Furthermore, BizBrag reserves the right to hold up these laws and remove any content posted on this site and/or sent through the messaging system(s). This may certainly seem redundant, but at BizBrag, this Act and all applicable laws are taken very seriously. We are not only protecting BizBrag, but we are protecting you and your business. We put the mechanics into place and do what is required by law (and a little more), but we need your cooperation, so please adhere to the following, and you can enjoy a great and legal experience with BizBrag as it relates to email marketing and messaging. See our Anti-Spam Policy for full content and disclosures.
The BizBrag Community

The BizBrag Community is very special to BizBrag, Inc. and all of its networks. Because of this, we are very protective of the content and the messages that our community is exposed to. By becoming part of this very special, loyal and hardworking community, you agree to keep this community great by adhering to the following: that you will abide by all guidelines, policies and conditions set forth on the BizBrag site, that you will abide by all International, U.S., State and local laws, that you will be responsible and accountable for any and all posts that come from your account and take on the consequences for the content, that this is a user-generated site and you/your business is responsible for all content that may even be posted by a third party (via manually through the account or API). Respect your fellow community members and the small business world. Have fun with this and enhance your small business marketing and public relations department…make this the greatest community on the web.

User Content

You retain all copyright to all original User Content you submit to the Site. By transmitting or submitting User Content to the Site, you hereby grant BizBrag, Inc. (“BizBrag”) and its Affiliates: (a) a non-exclusive, irrevocable, royalty-free, perpetual and fully sub licensable and transferable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Content in any media, now known or hereafter devised; and (b) the right to use the name, identifier, or any portion thereof, submitted in connection with such User Content, if they so choose. Please note that BizBrag and its Affiliates, as a policy, do not actively edit User Content. We either leave the User Content posted as is or take it down entirely. However, in some situations, certain modifications may occur without our active participation, such as due to our obscenity filtering software, which may automatically change profane language to characters such “as ‘@#!%’. For purposes of the User Agreement, “Affiliate” means any person, partnership, joint venture, corporation or other form of enterprise, domestic or foreign, including but not limited to subsidiaries, that directly or indirectly controls, is controlled by, or is under common control with BizBrag.

You acknowledge and agree that you will not post on the Site any content for which you do not have the clear right to do so and to grant the rights granted above. You acknowledge and agree not to post any false, malice or inaccurate information regarding or about any business that you, either, are or are not affiliated with, in any way. You may generally publish a link to (“seed”) such content on the Site, provided that such link does not otherwise violate any third party agreements or rights. You further acknowledge and agree that you are solely responsible and liable for any content that you post or seed on the Site and for any infringement or other liability that may result.

You represent and warrant that (i) all User Content is either wholly original to you, or all third party rights therein have been fully cleared for use as contemplated by this Agreement, and that you have the right to grant the rights granted herein without violating the rights of any third party; (ii) the User Content and the posting thereof on the Site does and will not, in any way, violate or breach any of the terms of this Agreement or the Privacy Policy or violate or infringe upon the rights of any third party, and (iii) BizBrag shall not in any circumstance be required to pay or incur any sums to any person or entity as a result of its use or exploitation of the User Content unless otherwise agreed by BizBrag.

Without limiting the foregoing, BizBrag and its Affiliates reserve the right to use the User Content as it deems appropriate, including, without limitation, deleting, rejecting, or refusing to post it. Your submission of User Content is subject to the terms our Privacy Policy. BizBrag and its Affiliates may, but are under no obligation to, offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to BizBrag. BizBrag and its Affiliates shall not be obligated to enforce any form of attribution by third parties and shall not be responsible for any third party use of User Content.

If it is determined that you possess any moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you have no objection to the publication, use, modification, or deletion and exploitation of the User Content by BizBrag or its Affiliates, licensees, successors and assigns; (b) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and © you forever release BizBrag, and its Affiliates, licensees, successors and assigns, from any claims that you could otherwise assert against BizBrag by virtue of any such moral rights.

BizBrag is for collaborative discovery, submission and/or discussion of small business news. Personal/Business information is information that specifically identifies an individual, such as a user’s name, address, telephone number, e-mail address, and credit card or other account number, and information about that individual’s activities when directly linked to that person such as information about his or her purchases or use of services. Personal information also includes demographic information such as date of birth, gender, geographic area and preferences when such information is linked to other personal information that identifies you.

Personal information does not include “aggregate” information. Aggregate information is data we collect about a group or category of products, services or users from which individual user identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and user needs so that we can better consider new products and services, and tailor existing products and services to user desires.

Take Down Procedures (if your intellectual property rights have been infringed upon)

Should you feel that there are items, content or messages that infringe on your copyright, trademark or patent rights, please contact us at [email protected]”:mailto: information. Aggregate information is data we collect about a group or category of products, services or users from which individual user identities have been removed. In other words, information about how you use a service may be collected and combined with information about how others use the same service, but no personal information will be included in the resulting data. Likewise, information about the products you purchase may be collected and combined with information about the products purchased by others. Aggregate data helps us understand trends and user needs so that we can better consider new products and services, and tailor existing products and services to user desires.

  • Your name, email, and telephone number
  • Your username (Biz Name) if you are a BizBrag community member
  • A statement describing the content your believe is infringing on your rights
  • Proof that you are the owner of the intellectual property in question
  • A statement that the information and claims you are making is true, accurate and acknowledge that “under penalty of perjury,” you have a claim against the accused

Links and Third Party Content

BizBrag or third parties may provide links on the Site to other sites or content. BizBrag has no control over such sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the quality, content, nature or reliability of sites or content linked to by the Site. BizBrag provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any third-party sites. Given that third party businesses/individuals, websites, products and services are posted on, within and used throughout the BizBrag messaging system(s), it in no way implies that BizBrag endorses or approves of any business dealings, or product/services offered/rendered by said business/individuals.
Personal Information We Collect

You provide personal information to us in a number of ways when you visit our Site or use the various services and activities available on our Site. For example, you provide us with personal information when you: (1)register on the Site; (2)participate in a survey, contest or sweepstakes on the Site; (3)participate or make postings in any forums, chat rooms or other interactive areas of the Site; (4)submit/post an article or comment to the Site and voluntarily include your name or other personal information (including, without limitation, any personally identifying photographs or images you submit/post); or (5)contact us by email for any reason (such as to request customer service or provide us with your comments/feedback). We collect your name and email address in this manner. If you request or apply for compensation from us for your articles, comments or other submissions to the Site, we will collect certain additional personal and demographic information from you (including, without limitation, your full legal name, address, date of birth and social security number).

We also collect personal information from you if you submit a job application or resume to us via email. Personal information collected in this regard includes your name and email address, as well as other employment related information that you provide to us in the resume and/or application.

When you visit our Site, some information is also automatically collected, such as your computer’s Internet Protocol (IP) address, operating system and browser type and the time and date of your visit. This information is collected through the use of “cookies.” Cookies are small files that are stored on your computer by a Web site to give you a unique identification. We also use cookies on our Site to keep track of services you have used, to record registration information regarding your login name and password, to ensure you do not repeatedly see advertisements, to record your user preferences and to keep you logged into the Site. We treat automatically collected information as personal information if we combine it with or link it to any of the personally identifying information mentioned above. Otherwise, it is used in the aggregate only.

Additionally, we use, and allow third parties to use, Web beacons on the Site to monitor the effectiveness of advertising or for other legitimate purposes. Web beacons are small, graphic images on Web pages or Web-based documents or in email messages that allow us or third parties to monitor who is visiting the Site or if the email has be read. Web beacons collect the IP address of the computer that the Web beacon is sent to, the URL of the page the Web beacon comes from and the time it was viewed. Web beacons may be linked to your personal information.

How We Use the Information We Collect

In general, we use personal information to process your requests or transactions, provide you with products and services, and inform you about other products or services we think will be of interest. For example, we use the information we collect to:

contact you for administrative purposes or provide you with customer service;
complete transactions requested by you or to verify that you have submitted an article or comment;
respond to any questions, problems or complaints, or request feedback;
organize the Site and its various services and activities to better serve you and customize or develop our products and services; and
send you emails or other communications containing information about products and services that you might find of interest.
Personal information provided on our Site may be linked together or merged with other personal information we obtain about you so that we may better understand your needs and inform you about our products or services and those of our business partners. In addition, if we receive personal information from third parties with whom we have business relationships, we may combine this information with the other personal information we maintain about you. In either case, this Policy governs this information.
Disclosure of Information

We do not sell, rent or share personal information with third parties without your prior consent except in the limited circumstances described in this Policy. We share personal information with third-party vendors who assist us in performing internal functions necessary to operate our business. These functions may include, for example, analyzing data, providing marketing assistance and processing payment transactions. In all cases we limit the information shared with our third-party vendors to that which is necessary to carry out those functions. We are not responsible for any information you provide to these parties directly, and we encourage you to become familiar with their practices before disclosing information directly to them.

We also disclose personal information when we believe it is appropriate to comply with the law (e.g., a lawful subpoena, warrant or court order); to enforce or apply this Policy or our other policies or agreements; to initiate, render, bill and collect for amounts owed to us; to protect our or our users’ rights, property or safety; to protect our users from fraudulent, abusive, or unlawful use of, our Site; or if we reasonably believe that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies disclosure of records without delay.

In addition, information about our users, including personally identifiable information, may be disclosed as part of any merger, acquisition, debt financing or sale of company assets, as well as in the event of an insolvency, bankruptcy or receivership in which personally identifiable information could be transferred to third parties as one of our business assets.

Username and Password

Should you forget or misplace your username and/or password, you may conduct the proper steps to regain this information at Reset Password. You are responsible for protecting your username and password. BizBrag is not liable for anyone getting or being given your username and password, that results in the misconduct of your account…you are responsible. Should you feel that there has been a compromise to your account, let us know at [email protected] and we will work with you take remedy the situation.
Your Liability

You are solely responsible for your activities on our Site, including all User Content that you submit or a third party submits on your behalf or using your account. You agree to indemnify BizBrag and its Affiliates, shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys’ fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Site, (b) any actual or alleged breach by you of any obligations, representations, warranties under this User Agreement, including violations of our Conduct Policy; and © any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.

Links to Other Web Sites

Our Site contains links to other Web sites. Links from our Site to other sites or content are provided for your convenience only, and we do not have control over the content or privacy and security practices and policies of such third parties or other sites. Any personal information you provide on linked pages is provided directly to that third party and is subject to that third party’s privacy policy. We encourage you to learn about their privacy and security practices and policies before providing them with personal information.

Children

We do not intend, and the Site is not designed, to collect personal information from children under the age of 18. If you are under 18 years old, you should not register with or otherwise provide personal information to our Site.
Security

We use reasonable security measures in an effort to prevent loss, misuse and alteration of information under our control. We cannot, however, guarantee protection of all information against interception, misappropriation, misuse, or alteration, or that your information may be not be disclosed or accessed by accidental circumstances or by the unauthorized acts of others. Furthermore, we have no control over the security of other sites you might visit, interact with or do business with.

Information you provide through the Site is protected by an encryption technology called Secure Sockets Layer (SSL), to ensure privacy and security during transmission. Your registration information is accessible online only through the use of a password. To protect the confidentiality of personal information, you must keep your password confidential and not disclose it to any other person. You are responsible for all uses of the Site by any person using your password. Please advise us immediately if you believe your password has been misused or otherwise misappropriated.

Policy Changes

We will modify this Policy if our privacy practices materially change in the future. We will notify you of such changes only by posting the new policy on our Site and indicating at the top of the Policy the date it was last updated. We encourage you to review the Policy each time you visit our Site to see if it has been updated since your last visit to make sure you understand how personal information you provide will be used.

Questions / Additional Information

[email protected]
Copyright, Trademark, Patent and License

All copyrighted, trademarked, patented, licensed and copyrightable materials on the Site, including but not limited to the text, design, manuals, product information, graphics, images, pictures, videos, sound and other files, and the selection, compilation and arrangement thereof (collectively, “Materials”) are ALL RIGHTS RESERVED Copyright © 2010 BizBrag, Inc.

BizBrag grants you a limited license to make personal use of the Site to access and review the Materials for your information purposes only. This license does not include the right to: (a)use the Site or Materials for other than for its intended purpose, including but not limited to any marketing, selling, or other commercial uses; (b) use framing techniques to enclose any portion of the Site, including any images found on the Site or any text or the layout or design of any page or form contained on a page; ©publish, publicly perform or display, or distribute to any third party any Materials, including reproduction or hosting the Materials on any computer network or broadcast or publications media; (d)make derivative uses of the Site or the Materials; or (e) any systematic collection or extraction of data through the use of any data mining, robots or similar data gathering or extraction methods.

You are not conveyed any other right or license, by implication, in or under any patent, trademark, or proprietary right of BizBrag or any third party. Any unauthorized use of the Site will terminate the permission or license granted by BizBrag to you under this User Agreement and may violate applicable law, including but not limited to copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Trademarks and Service Marks

“BizBrag, Inc.” “BizBrag.com” and BizBrag’s logos are trademarks, service marks or registered trademarks of BizBrag or its suppliers and licensors, and may not be copied, used or imitated, in whole or in part, without the prior written permission of BizBrag or its suppliers or licensors. You may not use meta tags or any other “hidden text” using any of the above-referenced marks without BizBrag’s permission. Additionally, all page headers, graphics, icons, and scripts are service marks, trademarks, and/or trade dress of BizBrag, and may not be copied, imitated, or used, in whole or in part, without BizBrag’s prior written permission. All other BizBrag names or logos mentioned on the Site, or any other trademarks, registered or otherwise, are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by BizBrag.

No Warranties

THE SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLEBASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITE, INCLUDING ALL CONTENT OR DATA DISTRIBUTED BY OR DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE, IS AT YOUR SOLE RISK. BIZBRAG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON THE SITE. BIZBRAG DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITE ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.

BIZBRAG IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, INCLUDING CONTENT THAT IS POSTED BY THIRD PARTIES. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Limited Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THIS SITE OR THE MATERIALS THEREIN OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA.

YOU AGREE THAT BIZBRAG’S AGGREGATE LIABILITY FOR ANY ACTUAL AND DIRECT DAMAGES HEREUNDER SHALL NOT EXCEED THE AMOUNTS PAID BY BIZBRAG TO YOU UNDER THIS AGREEMENT. YOU ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK FOR YOUR USE OF THE SITE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, CONDITIONS OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue

This User Agreement and any transactions on this Site shall be governed by and construed in accordance with the laws of the State of Maryland applicable to agreements made and entirely to be performed within the State of Maryland, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in Baltimore County, Maryland, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of this User Agreement.
Changes to This Terms and Conditions Agreement

BizBrag reserves the right to change or modify any of the terms and conditions contained in this User Agreement, or any policy of the Site, at any time and in its sole discretion. If BizBrag decides to change this User Agreement, it will post a new version on the Site and update the effective date set forth above. Any changes or modifications to this User Agreement or policy will be effective upon posting of the revisions. Your continued use of the Site following posting of any changes or modifications constitutes your acceptance of such changes or modifications. You should frequently review this User Agreement and any other applicable policies, including their dates, to understand the terms and conditions that apply.
Conduct Policy

Please read this Conduct Policy carefully. It governs your conduct while using various services on this Web site and all related blogs or sites, located at or within www.BizBrag.com (the “Site”) and operated by BizBrag (“BizBrag”). By using our Site, you agree to be bound the terms of this Conduct Policy.

ANY VIOLATION OF THIS POLICY MAY RESULT IN THE SUSPENSION OR TERMINATION OF YOUR ACCESS TO THE SITE OR USE OF OUR SERVICE AND SUCH ACTION AS WE DEEM APPROPRIATE. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THE POLICY BY YOU.

Other Applicable Terms

Your use of the Site is also governed by the BizBrag User Agreement. Please review BizBrag’s Privacy Policy to understand BizBrag’s practices regarding the collection, use and disclosure of personal information on the Site.

Use of User Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, including the submission of articles, commentary and all other data, documents, text, software, applications, music, sound, photographs, graphics, video, messages, ratings, forum postings, comments or other materials (collectively, “User Content”). By posting any type of media under a business name/idea, you acknowledge that you are legally authorized to post such information. As a provider of interactive services, BizBrag enables users to post such User Content in a public forum. BizBrag is not liable for any User Content provided by its users. User Content is displayed for entertainment and informational purposes only and is not controlled by BizBrag. BizBrag cannot guarantee the accuracy, integrity or quality of such User Content. You understand that by using the Site, you may be exposed to User Content that may be offensive, indecent or objectionable. Under no circumstances will BizBrag be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any User Content, or for any loss or damage of any kind incurred as a result of the use of any User Content posted, emailed or otherwise transmitted via the Site. As it relates to the BizBrag site, products and services, you are not permitted to reverse-engineer any software or programming. Should you have the desire for yourself or a third party, and have an inquiry into our software/programming that is only permitted for internal use, let us know and maybe we can work something out. [email protected]

Prohibited Conduct

The following non-exhaustive list describes the kinds of illegal or harmful conduct that are prohibited on our Site. You agree not to upload, post, send messages about, publish, communicate, email, live chat or otherwise transmit any User Content that:

  • is not relevant to the subject matter of the article, commentary, product, service, person or entity;
  • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, known to be false and presented as truth, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • endorses, provides or sells pornography of any medium, legal or illegal drugs, weapons or weapon making contraband, pirated computer programs
  • relates to the exploitation of children under the age of 18
  • promotes and/or endorses radical or otherwise disrupting behavior that advocates violence against any governments, individuals, or groups that encourages, instructs, assists or informs calls to action, a level of violence or upheaval
  • sells or promotes anything that is illegal in the region it generates from
  • promotes or sells pyramid schemes, MLM, “build wealth,” or “get rich quick” schemes
  • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure Codes)
  • contains software viruses or any other harmful computer code, worms, Trojan horses, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, the internet or telecommunications equipment;
  • promotes, Posts, writes news, messaging or disclosures regarding personally identifying information relating to a child without their prior written consent (or that of their parent(s) or legal guardian should they be a minor)
  • potentially infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity; or
  • is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or any other form of solicitation.
  • posts any material that is just outrageous, prejudice, bigotry, racism, hatred, excessive profanity, obscenity, lewd, filthy, violent, harassing, grossly offensive or anything in poor taste and judgment to the average person
  • uses an account name, file or directory name, or third level domain (i.e., aaa.BizBrag.com), or other identifier that infringes or misappropriates any trademark, service mark or other indicia of origin or that is otherwise likely to cause confusion as to the source, affiliation, sponsorship or endorsement of a third party’s products or services;
  • provides, sells or offers the following: illegal gambling activities, direct pharmaceutical sales, promotion of an investment or solicitation of investment opportunity.
  • attempts to disguise the origin of any User Content transmitted to the Site;
  • acts in any manner that negatively affects other users’ ability to use the Site;
  • uses or authorize the use of any means to artificially or falsely drive user traffic to User Content that you or another user posts to the Site, including the use of automated, fraudulent or deceptive processes;
  • impersonates any person, business or entity, including, without limitation, a Site moderator or a manufacturer or owner of any product, or falsely state or otherwise misrepresent your affiliation with a person, business or entity;
  • uses this site to present malice or negative information, opinions or evidences that is damaging, threatening, libelous, scandalous, harassing or defamatory to any person, business or entity;
  • interferes with the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
  • posts User Content that would be harmful to minors in any manner;
  • creates and/or log in with multiple accounts;
  • accesses the site using a distributed network or other anonymizing service for the purposes of cloaking your identity, creating multiple accounts, or gaining admittance to the Site after you’ve had another account disabled;
  • posts User Content in a language other than English, with the exception of ancillary phrases which may be necessary or illustrative in the middle of larger passages;
  • System and Network Security
  • You are prohibited from violating the security of any system or network comprising the Site. Such violations may result in criminal and civil liability. Examples of system or network security violations include, without limitation, the following:
  • Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of the Site or to breach security or authentication measures.
  • Unauthorized monitoring of data or traffic on the Site.
  • Interference with the Site including, without limitation, any type of flooding technique or deliberate attempt to overload a system such as denial of service attacks.
  • Forging of any packet header, e-mail header or any part of a message header. This prohibition does not include the use of aliases or anonymous remailers.
  • Using manual or electronic means to avoid any use or access limitations placed on this Site.

Enforcement

Notwithstanding anything to the contrary in this Conduct Policy, BizBrag reserves the right, but does not assume the obligation, to investigate any violation of this Conduct Policy or any other misuse of the Site or its systems, equipment or network. BizBrag further reserves the right (each in its sole discretion) to screen, edit, modify, remove or disable access to any User Content that violates these provisions or that BizBrag deems objectionable. Without imitating the foregoing, and notwithstanding anything contrary in our Privacy Policy, BizBrag reserves the right to report any activity, data or persons (including the disclosure of relevant user information) to appropriate law enforcement officials, regulators, or other appropriate third parties if BizBrag suspects you have violated this Conduct Policy or any law or regulation. BizBrag also may cooperate with appropriate law enforcement agencies to assist in the investigation and prosecution of any illegal conduct.
Termination

You may terminate this Agreement and your account (Basic or Upgrade) at any time. Just contact us at [email protected] and state your desire to terminate your account. If you just want to terminate your Upgrade account and go back to a Basic account, email [email protected] and state your desire to downgrade. There are no refunds for past months that you may have had an Upgrade account, nor is there any pro-rated refund for stopping service in the middle of a billing cycle. You are responsible for terminating your account and be noticed that the Upgrade will continue to bill month over month until you make BizBrag aware of your different intentions otherwise.

Also, BizBrag may terminate your account with or without notice at any time. BizBrag shall have no liability to you or any third party for such termination action. Should such termination occur, BizBrag has the right to delete any or all archived information after 30 days of said termination.

Indemnification

By agreeing to this Agreement, you indemnify BizBrag, Inc., the site, the products, the services, all related sites, all related blogs, partners, sponsors, networks, providers, community members, employees, directors, executives, investors. This indemnification covers any and all: liabilities, damages, claims, actions against, losses, expenses and settlements in connection with any claim that come against you as a result of messages, news or communications that you/your business posted/submitted as well as a breach of this Agreement, our guidelines, Anti-Spam policy, and Privacy Policy. You concede that BizBrag has the right to take action against you should you use this site, the Products or the Services in a wrongful, malice or unlawful manner. Should a legal matter arise whereas a subpoena is brought to BizBrag as it relates to you/your business, you may be held liable to reimburse BizBrag for any expenses incurred as it relates to such matters.

If you want to report any violations of this Terms and Conditions Agreement, please contact us at: [email protected]

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