Customer Terms and Conditions
These are the terms and conditions for the use of information and data provided by BizStanding for users of this Web site (the "Agreement").
BIZSTANDING TERMS & CONDITIONS
Please read the following information carefully before using this Web site. By using this Web site You, also referred to as "Customer", agree to these terms and conditions. If You do not agree to these terms and conditions, please do not use this Web site.
The terms and conditions herein apply to BizStanding, its parent companies, subsidiaries, affiliates, divisions, employees, officers, directors, contractors, vendors and all vendors, data sources and suppliers all of which are referred to herein as "BizStanding". The terms and conditions are in addition to, and do not override specific terms and conditions for products or services offered by BizStanding or Trustoria through this Web site or otherwise.
ACCESS TO THE SITES: Upon your acceptance of these terms and conditions, BizStanding hereby grants you a revocable, non-exclusive, non-transferable, and limited license to access the Sites and the Data, solely for the purpose of identity verification and/or fraud prevention for individual business use in the United States only. In exchange for the foregoing, you agree to pay the fees set forth under each product. In consideration of your access to the Data, you represent that you are of legal age to form a binding contract and are not a person barred from receiving our services under the laws of the United States or any other applicable jurisdiction.
OWNERSHIP OF DATA: You agree and acknowledge that the Data is and remains the property of BizStanding or its data providers. You understand that you do not have nor will you acquire any ownership interest in the Sites or Data. You have no right to sell, resell, license, rent, transfer, or otherwise provide any of the Data to any other party. You shall not combine all or any portion of any Data with any other service, data, or database created or maintained by you. The Data obtained from any query of the Sites may only be used one-time by you. You shall not cache the Data. You shall not disassemble, decompile, or in any way reverse engineer the Sites or Data in any way.
RESTRICTIONS ON USE OF DATA: You agree to use the Data for appropriate, legal purposes and in compliance with all application federal, state and local laws and regulations and for no marketing purposes; you have obtained all necessary licenses, certificates, permits, approvals or other authorizations required by law, statute or regulation; you will not use a bot program or other automated/data extraction programs to access the Data; and you will use best commercial efforts to insure that the data is received and stored in a secure manner. Furthermore, you agree that the Data will not be used to: seek information about a minor or public figure; cause physical or emotional harm or injury against any group or individual; stalk or otherwise harass another person; or promote any illegal activities.
MISUSE OF DATA: BizStanding reserves the right, in its sole discretion, to immediately and without notice suspend your access to the Sites if BizStanding suspects that: (a) you are abusing or misusing the Sites or Data, (b) you have violated this agreement or any applicable law, or (c) an actual or threatened breach of security jeopardizes the safety, confidentiality and/or integrity of the Sites or Data.
SEARCH LOGS: You agree that BizStanding can log all of your searches of the Sites. Such search logs may be provided in response to a lawful governmental process or request (e.g. subpoena or warrant), in order to respond to an audit of BizStanding, to respond to or investigate a consumer complaint, or as part of an investigation into a possible impermissible use of the Data. You further agree to fully cooperate with an audit of our customers.
FEES: You agree to pay BizStanding for Data as set forth in the fee disclosures on the BizStanding website. These fees may be changed, from time to time and BizStanding shall post all such changes on its website. Customer shall pay for access to the Sites and Data and services in advance. BizStanding reserves the right to terminate this agreement upon email notice sent by BizStanding.
TERM: The initial term of this Agreement shall commence upon the date you accept the terms of this Agreement and shall continue in full force and effect for a period of one year. BizStanding reserves the right to terminate this agreement upon email notice sent by BizStanding. In the event of termination, you agree to immediately destroy the Data, including all copies. The terms and conditions of this Agreement shall remain in full force so long as you retain any Data.
INFORMATION USE, SHARING AND DISCLOSURE: We do not share or disclose your registration information. By entering your email, you agree to receive occasional communications from BizStanding. The email information you enter will remain private.
BizStanding may use a Profile owner's email address to send updates, account notifications, newsletters or news regarding the service. Profile owners may specify the types of emails that they wish to receive under their notification settings "Unsubscribe from our newsletters" in the user "Settings".
DISCLAIMERS: BizStanding and its data providers make every reasonable effort to ensure that the Sites and the Data are an accurate reflection of the information received from its originating source. However, neither BizStanding, nor its data providers can or does represent or warrant that the Sites or Data will be complete or accurate. This data is provided "as is". Neither BizStanding, nor its data providers shall be responsible or liable for any inaccuracy in the Sites or the Data, or for interruption in service caused by the failure of the Internet or the World Wide Web, by any Act of God, or by any other force majeure.
BIZSTANDING AND ITS DATA PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF CORRECTNESS, COMPLETENESS, ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES SHALL BIZSTANDING OR ITS DATA PROVIDERS BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN MADE AWARE OF THE POTENTIAL FOR SUCH DAMAGES.
Business Reports: A. Restrictions on Use. In consideration for Customer's right to receive and use data, products and services (collectively, the "Services") from BizStandingthrough this Web site, Customer agrees that the Services:
1) will be used solely to review your own business credit report or in connection with a present or prospective credit or financial transaction with another business entity inquired upon, or for other legitimate commercial purposes, for internal uses only and will not be resold;
2) will not be used as a factor in establishing an individual's eligibility for personal credit or insurance or used for personal, family or household purposes, or employment purposes;
3) will be used in compliance with all applicable laws, regulations and ordinances, and all special use restrictions set forth in the Agreement or hereafter adopted by BizStanding;
4) Customer acknowledges that the Services it receives from BizStanding under this Agreement include non-public information about businesses and, as such, customer agrees that it will maintain the information in strict confidence and will not disclose such information other than to its employees who have a need to know, or pursuant to legal requirements.
5) Customer acknowledges that they reside in the United States and will only use the Service for business purposes within the United States.
B. Warranty Disclaimer and Limitation of Liability. Customer further acknowledges and agrees that the Services: 1) ARE NOT GUARANTEED, ARE PROVIDED 'AS IS', AND THAT NEITHER BIZSTANDING NOR ITS SOURCES WILL BE LIABLE TO CUSTOMER FOR ANY LOSS OR DAMAGE BASED ON ANY ERRORS OR OMISSIONS THEREFROM;
2) are subject to the following exclusion of warranty. NEITHER BIZSTANDING NOR ITS SOURCES GUARANTEE OR WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES OR DATA AND SHALL NOT BE LIABLE TO CUSTOMER FOR ANY LOSS OR INJURY ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY BIZSTANDING'S OR ITS SOURCES' ACTS OR OMISSIONS, WHETHER NEGLIGENT OR OTHERWISE, IN PROCURING, COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING OR DELIVERING THE DATA OR SERVICES.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY BIZSTANDING, OR ITS VENDORS, AGENTS, EMPLOYEES OR THIRD PARTIES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY PROVIDED HEREIN. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL BIZSTANDING OR ITS SOURCES BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATION, LOST BUSINESS OR LOST PROFITS), WHETHER FORESEEABLE OR NOT, AND HOWEVER CAUSED, EVEN IF BIZSTANDING OR THEIR SOURCES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS EITHER DO NOT ALLOW OR PLACE RESTRICTIONS UPON THE EXCLUSION OR LIMITATION OF DAMAGES IN CERTAIN TYPES OF AGREEMENTS. FOR THESE JURISDICTIONS, THE AFOREMENTIONED LIMITATION ON LIABILITY SHALL BE TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW.
IF, NOTWITHSTANDING THE PRIOR PARAGRAPH, LIABILITY CAN BE IMPOSED ON, BIZSTANDING OR ITS SOURCES, THEN CUSTOMER AGREES THAT THE AGGREGATE LIABILITY FOR ANY OR ALL LOSSES OR INJURIES TO CUSTOMER CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THE AGREEMENT, REGARDLESS OF THE CAUSE OR THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE AMOUNT PAID TO BIZSTANDING BY ANY PERSON OR ENTITY FOR THE AFFECTED SERVICES AND CUSTOMER COVENANTS AND PROMISES THAT IT WILL NOT SUE BIZSTANDING OR ITS SOURCES FOR AN AMOUNT GREATER THAN SUCH SUM AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST BIZSTANDING OR ITS SOURCES. THIS SUBSECTION STATES BIZSTANDING'S AND ITS SOURCES' ENTIRE LIABILITY AND THE SOLE REMEDY OF CUSTOMER IN CONNECTION WITH THE PROVISION OF THE SERVICES.
D. Emails from BizStanding. BizStanding will send emails to the email address You provide regarding notices, alerts, price changes, product updates, renewal notices or other matters specifically relating to the Services ("Email Notices"). You agree to provide BizStanding with your current email address for purposes of receiving product alerts and other notices. You represent and warrant that You are 18 years of age or more at the time You create an account with us, and are fully able and competent to agree to the terms and conditions set forth herein. If any information You provide is untrue, inaccurate or not current, or if BizStanding has reasonable grounds to suspect that such information is untrue, inaccurate or not current, BizStanding, at its sole discretion, has the right to suspend or terminate your use of any product and refuse all current or future access to the Services or suspend or terminate any portion thereof. Further, You agree that BizStanding will not be liable to You or any third party if BizStanding suspends or terminates your access to the content or products for any reason.
E. Access To User's Account. Some Services may require separate registration and logins. User is responsible for protecting the confidentiality of User's identification and/or passwords for accessing any of the Services and is responsible for all use of User's accounts whether expressly authorized by User or not.
F. Right to Modify Service. BizStanding may at any time, without notice or liability, change or eliminate any content or feature of the Services, or restrict the use of any portion of the Services. Customer's only right and remedy with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Services.
G. BizStanding's Use of Data. BizStanding does not share your information with third parties, except for our affiliated companies and vendors in order to provide the Services and in accordance with applicable law.
BizStanding may use your information to provide You with information, products or services requested by You; and to enforce this Agreement or to otherwise effectuate our rights and remedies under applicable law; or to protect BizStanding and the Services from actual or threatened harm.
BizStanding reserves the right to disclose your information (i) if required to do so by law or legal process, court order, or otherwise requested by any law enforcement officer or agency acting under the color of law; or (ii) if necessary or appropriate to protect or defend the rights or property of BizStanding.
BizStanding may also use your information for, but not limited to, the following purposes: (i) for internal product development and to improve the products and services offered or provided; (ii) to troubleshoot problems with the Services; or (iii) to customize your experience using the Services. BizStanding will not sell your information to third parties.
Refunds are not available unless approved by BizStanding at its sole discretion.
Customer agrees to indemnify, hold harmless, and defend BizStanding and its affiliated companies, and their respective predecessors, successors, and assigns, and all of their respective current and former officers, directors, shareholders, agents, and employees, vendors and information providers (the 'Indemnified Parties') from any and all actions, cause of actions, suits, proceedings, claims, and/or demands of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation, reasonable attorneys' fees and costs)), which arise out of: (a) Costumer's actual or alleged breach of these Terms, (b) any negligent act or omission by Customer, or (c) any third party claim, action, or demand related to Costumer's use of the BVR Service (each a 'Claim' and collectively 'Claims'). BizStanding may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. BizStanding will provide You with reasonably prompt notice of any Claim it receives.
No Liability for Reliance
BizStanding does not represent or endorse the accuracy or reliability of any advice, opinion, statement or any other information displayed or distributed through the Service. Customer acknowledges that any reliance upon any such opinion, advice, statement, or other information shall be at Customer's sole risk.
Your subscription for any Business Report Subscription Products is effective for the period covered by your subscription plan and continues upon your payment of the respective subscription fee. If You sign-up for multiple subscription plans, You will be billed separately for each plan.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single web site are covered by a single notification, a representative list of such works at that web site;
3. Identification of the material (i.e., the Third Party Content) that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BizStanding to locate the material;
4. Information reasonably sufficient to permit BizStanding to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement, as follows: "I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law";
6. A statement, as follows: "The information in this notification is accurate, and under penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
• BizStanding shall remove or disable access to the Third Party Content that is alleged to be infringing;
• BizStanding shall forward the written notification to the User that is the alleged infringer;
• BizStanding shall take reasonable steps to promptly notify the User that it has removed or disabled access to the Third Party Content.
Additional Terms and Conditions.
Prohibited Uses: Customer agrees that it will not (and will not permit others) to:
• use 'robots' 'spiders', 'web crawlers' or other automated or robotic devises to scrape, collect or otherwise harvest information of any kind;
• intentionally or unintentionally violate any applicable local, state, national or international law or requirement of a regulatory authority;
• perform any action that could result in excessive usage that adversely impacts the performance of the Services for other users;
• use the Services in any way that violates these Terms.
Waiver: The failure by BizStanding to require performance of any provision in the Agreement shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by BizStanding of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.
Links to other Web sites: For purposes of convenience, BizStanding's site contains links to third party Web sites. BizStanding makes no representations or warranties about any third party Web site that You may access through the links. By providing a link to those Web sites, BizStanding does not endorse, adopt, or otherwise accept any responsibility for the content or use of those Web sites.
Trademark: BizStanding and the BizStanding products referenced in this site are either trademarks, service marks or registered trademarks of BizStanding or its affiliates. Other products and company names mentioned herein may be the trademarks of their respective owners. No use of any BizStanding trademark may be made by any third party without express written consent of BizStanding. Elements of BizStanding's Web site are protected by trade dress, trademark, unfair competition, patent and other laws and may not be copied in whole or in part.
1) Services. The Services are the intellectual property of BizStanding. The Services are protected by copyright pursuant to U.S. copyright laws, international treaties and other copyright laws. The Services contain copyrighted material, trademarks, databases and other proprietary information of BizStanding, and others, including, without limitation, BizStanding's vendors and data licensee's (collectively, 'Proprietary Material'), which may include, but shall not be limited to: text, software, photos, video, graphics, images, data, music and sound. Customer agrees not to modify, publish copy, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material without prior written authorization from BizStanding.
2) Web site. All content included on the Web sites for the Services, such as text, graphics, logos, button items, icons, images, data compilation, is the property of BizStanding or its suppliers and vendors and is protected by United States and international copyright laws. All software used on this Web site is the property of BizStanding or its software suppliers and is protected by United States and international copyright laws. Reproduction of any content, in whole or in part, is prohibited without prior written consent.
OPERATING COMPANY: BizStanding is operated by Bitseller Expert LIMITED, Nicosia Cyprus.
Public Relations Agency: BizStanding has a public relations agency located in the US. All public relations inquires should be sent to BizStanding America, Inc, 831 Beacon Street, Ste 129, Newton Center, MA 02459 USA.
© 2016 BizStanding. All rights reserved.
Updated: February 3, 2016