Legal

Legal

 

TERMS OF USE:

BizServ Inc. owns and operates www.bizservinc.com, linking to these Terms of Use, including mobile versions of such site (collectively, the “Sites” or, individually, a “Site”). Through the Sites, BizServ offers various products that helps organizations and users fill out legal forms (our “Products”).

We may change, suspend, modify, or discontinue all or any part of the Sites in our sole discretion with or without notice. We are not liable if for any reason all or any part of a Site is unavailable at any time or for any period. We are not obligated to correct or update any information or content on the Sites. We reserve the right to block or deny access to a Site to anyone at any time for any reason.

TERMS AND CONDITIONS, CHANGES TO THE TERMS OF USE

These terms of use (“Terms of Use”) are an agreement between you and BizServ governing your access to and use of our Sites, including any of their content or functionality. By using or accessing the Sites, you represent and warrant that you are of legal age to accept these Terms of Use and form a binding contract with Bizserv. If you use the Sites on behalf of an entity or business, you must have authority to bind such party. In such case, the term “you” includes the entity and its authorized agents that use the Sites.

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING ANY PAGES ON THE SITES; CREATING AN ACCOUNT; POSTING, SUBMITTING, TRANSMITTING OR UPLOADING ANY INFORMATION OR CONTENT THROUGH THE SITES; YOU EXPRESSLY AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS, CONDITIONS, LIMITATIONS, NOTICES AND COVENANTS SET FORTH IN THESE TERMS OF USE AND ANY APPLICABLE POLICIES AND DISCLAIMERS REFERENCED HEREIN OR ON THE SITES. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE OR OTHER POLICIES, DO NOT USE THE SITES.

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Sites following such posting means that you accept and agree to the changes. You are expected to check these Terms of Use from time to time so you are aware of any changes, as they are binding on you.

ACCOUNT ACCESS AND SECURITY

You may choose to register and create an account to access certain content and functionality of the Site. You are responsible for maintaining the confidentiality of your account, password and other information. Any account you create is personal to you and you agree to not provide any other person with access to it. You agree to notify us immediately if you learn of any unauthorized access to or use of your account. You may be required to logout from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view your information. We may disable any account at any time in our sole discretion.

Any information you provide to us must be correct, current and complete. Our use of such information is governed by our Privacy Policy located at our website and you consent to our use of such information consistent with the Privacy Policy.

USER CONTENT

The Sites may now or in the future contain information that you have provided to Bizserv. Other than personally identifiable information (“PII”) which you provide to us in connection with your account or as requested or required by the Sites and except as expressly provided in these Terms of Use or the policies applicable, any User Content is and will be considered non-confidential and non-proprietary and you grant to us an unrestricted, non-exclusive, perpetual, royalty-free, worldwide, transferable, and irrevocable license and right, but not the obligation, to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, market, distribute, exhibit, broadcast, or otherwise exploit such User Content, in whole or in part, in any form, media or technology, now known or hereafter developed.

We have no obligation to use, return, review, or respond to any User Content. You understand and acknowledge that you are responsible for any User Content you submit or contribute and have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. In providing any User Content, you represent and warrant that (a) you own or control all rights in and to such User Content and have the right to grant the license granted above and (b) all of your User Content does and will comply with these Terms of Use, including the Content Standards.

CONTENT STANDARDS

You agree that you will not post any User Content that (a) infringes or violates any other party’s intellectual property rights; (b) does not comply with applicable laws and regulations, or (c) contains any expressions of hate, abuse, offensive images or conduct, or any similar content. Without limiting the foregoing, User Content must not:

  • contain any defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable material;
  • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • violate any party’s legal rights (including rights of publicity and privacy);
  • contain any material that could result in civil or criminal liability;
  • conflict with these Terms of Use or any other applicable policy;
  • be likely to deceive any person;
  • advocate, promote or assist any illegal or unlawful activity;
  • cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
  • impersonate any person, or misrepresent the identity or affiliation of the user or any other party;
  • involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising, other than as conducted by us in our operation of the Sites; or
  • appear as if they are sent by or endorsed by us or any other person, if this is not the case.

MONITORING OR REMOVAL OF USER CONTENT

We are not responsible or liable to any third party and assume no liability for any action or inaction regarding posting of User Content by any user or third party. At our discretion we may, but are not obligated to, take steps to monitor User Content; however, we do not review any material before it is posted, and cannot ensure prompt removal of objectionable material after it has been posted. We are not deemed to endorse, verify, or agree with any User Content.

We reserve the right, in our sole discretion, to (a) remove or refuse to post any User Content for any or no reason; (b) take any action with respect to any User Content that we deem necessary or appropriate, if we believe that it violates the Terms of Use or Content Standards, infringes any intellectual property rights, threatens a person’s safety or could create liability for Bizserv; or (c) take appropriate legal action, including referral to law enforcement, for illegal or unauthorized User Content or use of the Sites.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any User Content.

YOU WAIVE AND HOLD HARMLESS BIZSERV AND ITS AFFILIATES, LICENSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY BIZSERV OR LAW ENFORCEMENT AUTHORITIES.

WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

PROHIBITED USES

You may use the Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Sites:

  • in any way that violates any applicable law or regulation;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards;
  • to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation, except as expressly permitted on the Sites;
  • to impersonate or attempt to impersonate Bizserv, an employee of Bizserv, another user or any other person or entity; or
  • to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Sites, or which, as determined by us, may harm Bizserv or users of the Sites or expose them to liability.

Additionally, you agree not to:

  • use the Sites in any manner that could disable, overburden, damage, or impair the Sites;
  • use any manual process or robot, spider or other automatic device, process or means to access, monitor, or copy all or any part of the Sites for any purpose;
  • use any device, software or routine that interferes with the proper working of the Sites;
  • introduce any viruses, trojan horses, worms, logic bombs or other malicious or harmful material;
  • attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites;
  • attack the Sites via any denial-of-service attack; or
  • otherwise attempt to interfere with the proper working of the Sites.

INTELLECTUAL PROPERTY RIGHTS

The Sites, including all of their content, features and functionality (including any information, software code, text, displays, images, video and audio, and the design, selection and arrangement of such material) are owned by us or our licensors or other providers, and may not be used except as permitted in these Terms of Use. No right, title, or interest in or to the Sites or any of their content is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

You may not modify, reproduce or publicly display, perform, or distribute or otherwise use any such information or materials for any public or commercial purpose. You may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license, or otherwise exploit the Sites or any materials on the Sites, except as expressly permitted by these Terms of Use or other applicable policies. You must not delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.

If you print, copy, modify, download or otherwise use or provide any other person with access to, any part of the Sites in breach of the Terms of Use, your right to use the Sites will cease immediately and you must destroy any copies of the materials you have made.

TRADEMARKS

We own and retain all rights in our trademarks, trade names, and trade dress which may be used in the Sites, including our company names, logos, slogans, and designs, which are registered and/or common law trademarks of Bizserv. No license to use such items is granted to you under these Terms of Use or by your use of the Sites. We will aggressively enforce our intellectual property rights to the fullest extent of the law.

All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners.

RELIANCE ON INFORMATION POSTED

The Sites may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Biserv, are solely the opinions and the responsibility of the person providing those materials. We are not responsible for the content or accuracy of any materials provided by any third parties. We do not warrant the accuracy, completeness or usefulness of any information on the Sites.

INFORMATION ABOUT YOU AND YOUR VISITS TO THE SITES

We may automatically collect information about you and how you navigate and use the Sites. All such information is subject to our Privacy Policy. By using the Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

LINKING TO THE SITES AND SOCIAL MEDIA FEATURES

You may link to our Sites, provided you do so in a way that is legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Our Sites may offer integration with social media websites. The Sites may provide certain social media features that enable you to (a) link from your own or certain third-party social media websites to certain content on the Sites; (b) send e-mails or other communications with certain content, or links to certain content, on the Sites or (c) cause limited portions of content on the Sites to be displayed or appear to be displayed on your own or certain third-party websites. You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not (A) establish a link from any website or social media account that is not owned or controlled by you; (B) cause the Sites or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site; or (C) link to any part of the Sites other than the homepage; or (D) otherwise take any action with respect to the materials on the Sites that is inconsistent with any other provision of these Terms of Use.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We may withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

LINKS FROM THE SITES

If the Sites contains links to other sites and resources provided by third parties, these links are provided for your convenience only and do not signify that we endorse any such websites or companies, including any sponsor. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to the Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. These third party websites have their own terms of use and policies and are not subject to these Terms of Use.

DISCLAIMER OF WARRANTIES

EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED IN THESE TERMS OF USE OR OTHER APPLICABLE POLICIES, THE SITES AND ANY CONTENT AND SERVICES ON THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

EXCEPT AS EXPRESSLY PROVIDED, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY AND TIME TO FILE CLAIMS

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITES.

IN NO EVENT WILL BIZSERV, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SITES, ANY WEBSITES LINKED TO THE SITES, ANY CONTENT ON THE SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Bizserv, its affiliates, licensors and service providers, and its and their respective officers, directors, managers, employees, contractors, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

WAIVER AND SEVERABILITY

No waiver, by Bizserv, of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bizserv to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, and other policies located at our website constitute the sole and entire agreement between you and us with respect to the Sites and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites.

YOUR COMMENTS AND CONCERNS

All feedback, comments, requests for technical support and other communications relating to the Website should be directed to: info@BizServinc.com.