BUSINESS-EXCHANGE.CO TERMS OF SERVICE
PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ACCESSING ANY PART OF THE WEBSITE.
The following are the terms and conditions for use of Business-Exchange.co and its services (the "Website"). The Website is owned and operated by MyAwesomeCo inc. ("BEX," or “us,” or “we”).
By accessing the Website, continuing to access the Website, or submitting any information through the Website, and in consideration for the services BEX provides to you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Website as well as any third-parties accessing the Website on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING THE USE OF THE WEBSITE AND ITS SERVICES (the "Terms"). Use of the Website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
I. USER ACCOUNTS, REGISTRATION, AND INFORMATION SUBMISSION
Registration. In order to utilize some of the Website’s services, you must register and create an account. In order to create an account, you must complete the registration process by providing BEX with complete and accurate information as prompted by the registration form, including contact information, a username, and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify BEX immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.
Refusal of Service. BEX reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, abuse other Website users, misuse the Website or its services, or otherwise engage in inappropriate conduct, as determined by BEX in its sole discretion.
II. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
BEX reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Website or its services, at any time, by posting the new terms on the Website. The most current version of these Terms will be located here at http://www.business-exchange.co/page/terms-use/. You understand and agree that your access to or use of the Website is governed by the then-current Terms that are effective at the time of your access to or use of the Website. If we make material changes to these Terms, we will notify you by email or by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand and agree that your continued access to or use of the Website after the effective date of modifications to the Terms indicates your acceptance of the modifications.
III. PROPRIETARY RIGHTS
BEX expressly reserves all right, title, and interest in and to the Website and the Website's content, including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto.
IV. USER-GENERATED/THIRD-PARTY CONTENT
Overview and Age Restrictions. Portions of the Website allow users or other third-parties to post, upload or otherwise transmit user-generated content, including but not limited to recommendations, pictures, reviews, images, audio, video, business information and other forms of data or communications. ("User Content"). By submitting User Content, you represent that you are 13 years of age or older, and, if under the age of 19, you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms and use the Website and its services.
User Obligations and License. You alone own and are solely responsible for all content or information you post, upload, or otherwise transmit (collectively "Post") through the Website and once Posted, it cannot always be withdrawn. You agree not to Post through the Website any User Content which is false, defamatory, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Website, you warrant and represent that you have the right to post such information and that such information is truthful and accurate. Additionally, by Posting User Content to the Website, you automatically grant, and warrant and represent that you have the right to grant, BEX a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to use, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on the Website, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
Re-Posting of User Content. By posting reviews, recommendations, or other User Content to the Website, you agree and consent that other users may redistribute such User Content on other websites, provided that such other websites contain a hyperlink linking back to Business-Exchange.co. No user may copy or redistribute any User Content unless such redistribution contains a visible, conspicuous link back to Business-Exchange.co.
Rules of Conduct. In addition to all other obligations and terms stated in these Terms, you agree to abide by any rules of conduct or community guidelines posted on the Website. BEX reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not undertake an affirmative obligation, to remove, screen or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of BEX.
Communications Decency Act. As provided in 47 U.S.C. § 230(c)(1), BEX is only a distributer, and not the publisher or speaker, of any User Content. As such, BEX cannot be held liable for making available any User Content which may be false or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. BEX does not guarantee the accuracy, completeness, or truthfulness of any User Content. Under no circumstances will BEX be responsible for any loss or damage resulting from any person's reliance on any User Content.
Reservation of Rights. BEX reserves the right to remove or not remove any User Content from the Website for any reason or no reason at all, in BEX’s sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw, postpone, or alter any User Content. BEX reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.
Information Storage. BEX does not guarantee that it will store any information you submit through the Website for any certain period of time. BEX reserves the right, in its sole discretion, to determine whether and how long to store user data. BEX will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Website or BEX's servers.
Suggestions. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against BEX and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.
V. DIGITAL MILLENNIUM COPYRIGHT ACT
BEX respects the intellectual property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act (“DMCA”). Anyone who believes that their work has been reproduced on the Website in a way that constitutes copyright infringement may notify BEX’s copyright agent in accordance with Title 17, United States Code, Section 512(c)(2), by providing the following information:
1. Identification of the copyrighted work that you claim has been infringed;
2. Identification of the material that you claim is infringing and needs to be removed, including a description of where it is located on the Website so that the copyright agent can locate it;
3. Your address, telephone number, and, if available, e-mail address, so that the copyright agent may contact you about your complaint; and
4. A signed statement that the above information is accurate; that you have a good faith belief that the identified use of the material is not authorized by the copyright owner, its agent, or the law; and, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf in this situation.
Notifications of claimed infringement should be forwarded to: firstname.lastname@example.org
If you give notice of copyright infringement by text e-mail, BEX’s copyright agent may begin investigating the alleged copyright infringement; however, we must receive your signed statement by mail or as an attachment to your e-mail before we are required to take any action.
BEX reserves the right, in its sole discretion, to terminate accounts for users that are deemed to be repeat copyright infringers.
If you purchase any of the services that BEX offers for a fee ("Premium Services"), then you consent to BEX storing your payment information. You agree to pay the applicable fees for the Premium Services as they become due and to reimburse BEX for all collection costs and interest. The failure to pay may result in the termination of your account or subscription. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. BEX does not guarantee refunds for lack of usage or dissatisfaction. Prices are subject to change.
VII. REPRESENTATIONS, WARRANTIES, OR DISCLAIMERS
BEX does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Website will be accurate, (ii) the Website or related services will be error-free or accessible at all times, (iii) defects will be corrected, (iv) the Website or the server that makes it available, are free of viruses or other harmful component, or (v) the use or the results of the use of the Website or the materials made available as part of the Website will be correct, accurate, timely, or otherwise reliable.
Further, BEX expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised, reviewed, recommended, linked to, or pictured on the Website. BEX does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs, are appropriate for any particular use, or are of any certain quality. Likewise, BEX does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will BEX be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Website.
THE WEBSITE AND ITS SERVICES ARE PROVIDED “AS IS” AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY BEX EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE WEBSITE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. BEX DOES NOT WARRANT THAT THIS WEBSITE'S SERVICES WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, PRODUCTS, OR SERVICES PROVIDED THROUGH THE WEBSITE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
If you access the Website or any of its related services through a mobile device, your wireless service carrier may charge you data rates and related fees.
You will not use the Website or its services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy, or rights of celebrity.
You agree to indemnify, hold harmless and defend BEX, at your expense, against any and all third-party claims, actions, proceedings, and suits brought against BEX or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by BEX or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of these Tems, (ii) your posting of User Content, (iii) your use of the Website, or (iv) your unauthorized use of the Website. In such a case, BEX will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. BEX reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
XI. LIMITATIONS OF LIABILITY
BEX WILL NOT BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, OR (D) REPUTATIONAL HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF BEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, BEX’S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE WEBSITE'S SERVICES DURING THE PREVIOUS TWELVE MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE WEB SITE
XII. TERMS AND TERMINATION
XIV. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
XV. MISCELLANEOUS; APPLICABLE LAW AND VENUE
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms shall continue in full force and effect. These Terms shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Nebraska, Douglas County. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The services provided by BEX hereunder are controlled by U.S. Export Regulations, and they may not be exported to or used by embargoed countries or individuals. Any notices to BEX must be sent to:
2657 Alma street,
Palo Alto, CA 94306
via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. The relationship between BEX and you is not one of a legal partnership relationship, but is one of independent contractors. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.