This document contains the Terms of Service for BizzSecure. Please read this document carefully, as it contains important information relating to your use of the BizzSecure website. These Terms of Service form a contract between BizzSecure and you. The terms “BizzSecure,” “we,” “us,” and “our” refers to BizzSecure. and its affiliates, subsidiaries, officers, directors, and employees. The terms “you” and “your” refers to the person, company, or organization that is visiting the BizzSecure website or subscribing to the Service (as defined below).
Last updated on Dec 28, 2018. These Terms of Service are effective immediately.
1. Acceptance of Terms
BizzSecure provides a suite of online computer security and risk assessment tools, applications, and services (the “Service”). By using our website and Service, you are agreeing to the following Terms of Service (“Terms”) whether or not you are a registered customer. BizzSecure may update these Terms from time to time without notice to you. However, you can always find the latest Terms at https://www.bizzsecure.com/. In addition, when using any BizzSecure owned or operated services, you will be subject to any posted policies, guidelines or rules applicable to such services. All such policies, guidelines and rules are incorporated by reference into the Terms. These Terms form an agreement between BizzSecure and you, and there are no third-party beneficiaries to this agreement. IF YOU DO NOT AGREE TO THE CURRENT TERMS AND CONDITIONS, PLEASE DO NOT USE THIS SERVICE, SINCE YOUR USE OF IT CONSTITUTES ACCEPTANCE OF ALL OF THE CURRENT TERMS AND CONDITIONS FOR ITS USE
2. Description of Service
BizzSecure makes available a suite of online computer security and risk assessment tools, applications, and services to its customers. Any new features, services and enhancements to BizzSecure are subject to the Terms. THE SERVICE IS PROVIDED “AS IS” AND BIZZSECURE HAS NO RESPONSIBILITY FOR TIMELINESS, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATION, WRITING, IMAGE OR PERSONALIZATION SETTINGS.
All users must comply with the Terms. If you fail to follow any of the guidelines and/or rules of behavior, BizzSecure can discontinue your ability to use the Service.
You are totally responsible for any activity that takes place under your username and password. If you become aware of any unauthorized use of your username and/or password, it is your responsibility to notify BizzSecure immediately. It is up to you to maintain the confidentiality of your password and username.
You understand that you may receive business-related communications from BizzSecure, such as service announcements and administrative notices about your account. You agree that these communications are not “unsolicited commercial email advertisements” and therefore you agree to receive them. You will not be able to opt out of receiving such communications.
You understand that you are responsible for obtaining access to the Service and that access may involve third party fees. You are totally responsible for obtaining such access and paying those fees.
Unless explicitly stated otherwise, any new features that augment or enhance the Service, including the release of new BizzSecure properties, will be subject to the then current Terms.
3. Rules of Behavior
- You are solely responsible for your own communications and content including any data, images, graphics, text, audio, video, email, links, and screen names you post to the Service. You agree to use the Service to post and receive communications and content that are legal and proper.
- You must not use the Service to abuse, defame, harass, stalk, threaten, intimidate, or otherwise violate the legal rights of others.
- You must not use the Service to violate the privacy rights of others.
- You must not upload, post, or link to any material that is inappropriate, defamatory, infringing, obscene, vulgar, libelous, racially or ethnically, hateful, objectionable, or unlawful.
- You must not upload, post, or link to any material that promotes or provides instructional information about illegal activities or communications that could cause harm or injury to any individual or group.
- You must not post, upload or link to (a) anything that promotes or distributes pyramid schemes or chain letters or (b) other disruptive communications.
- You must not upload or post anything that infringes any patent, trademark, copyright, trade secret or other intellectual property or other legal right of a third party, without prior written permission from the third party. You agree to disclose such authorization to us on our request. You must not download any material that you know or reasonably should know cannot be distributed legally.
- You must not impersonate another person or entity, which includes not using anyone else’s username or password.
- You must not “deep-link,” by publishing a link to a BizzSecure web page other than the BizzSecure home page.
- You must not “frame” or “mirror” the BizzSecure website, by simulating the appearance or function of the BizzSecure website on another website.
- You must not use the Service for any illegal or unauthorized purpose, such as spamming.
- You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct and acceptable content as well as the export of data to the United States or to your country of residence.
- You cannot modify or delete any content and communications of the BizzSecure site and/or of other individuals.
- You must not transmit any viruses, worms, defects, or any items and/or code of a harmful or destructive nature.
- You must not transmit or allow access or distribution of any spiders, robots or other information gathering computer programs or routines, or their equivalents, on or in the Service.
- You cannot create member accounts under any false or fraudulent pretenses (including by automated means).
- You must not retrieve, store or collect personal information about other users for any unauthorized purpose.
- You must not engage in any ad “slamming”.
- You cannot use the BizzSecure name or trademark, without proper authorization.
- You will not expressly or by implication create the false or misleading impression that BizzSecure is associated with, or endorses, or is in any way connected with you, your business, or your content.
WHILE BIZZSECURE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT AND THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT BIZZSECURE WILL HAVE NO LIABILITY FOR SUCH CONDUCT.
YOU UNDERSTAND AND AGREE THAT IF YOU VIOLATE ANY OF THE RULES OF BEHAVIOR, BIZZSECURE CAN TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR A HEARING.
4. Subscriptions.
Subscriptions to the Service are made on an annual basis. However, BizzSecure reserves the right to offer quarterly and monthly subscriptions. In addition to the subscription fee, we charge a one-time setup fee for new customers. Please check our website for our latest pricing.
Failure to make payments when due may lead to late fees and penalties of up to 3% of the past-due amount.
Subscriptions will renew automatically unless you notify us, at least 60 days prior to the renewal date, of your intent to cancel.
5. Copyright Infringement
If you believe that your work has been copied at our website in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please contact BizzSecure’s Designated Agent at info@www.bizzsecure.com with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest
- A description of where the material you claim is infringing is located on the site
- Your name, address, telephone number, email address
- A statement claiming that you have a good faith belief that the disputed use has not been authorized
- A statement by you made under penalty of perjury, that the above information is accurate and that you are the copyright or intellectual property holder or our authorized to act on behalf of the holder.
Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:
Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:
- Remove or disable access to the infringing material;
- Notify the content provider that we have removed or disabled access to the material; and
- Terminate such content provider’s access to the Website if he or she is a repeat offender.
If the content provider believes that the material that was removed (or to which access was disabled) is not infringing,
or the content provider believes that it has the right to post and use such material from the copyright owner, the
copyright owner’s agent, or, pursuant to the law, the content provider has the right to send a counter-notice containing
the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider;
- Identification of the material that has been removed or to which access has been disabled and the location at
which the material appeared before it was removed or disabled; - A statement that the content provider has a good faith belief that the material was removed or disabled as a
result of mistake or misidentification of the material; and - Content provider’s name, address, telephone number, and, if available, email address, and a statement that such
person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the
content provider’s address is located, or, if the content provider’s address is located outside the United
States, for any judicial district in which we are located, and that such person or entity will accept service of
process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original
complaining party informing that person that BizzSecure may replace the removed material or cease disabling it in 10
business days. Unless the copyright owner files an action seeking a court order against the content provider accused of
committing infringement, the removed material may be replaced or access to it restored in 10 to 14 business days or more
after receipt of the counter-notice, at our discretion.
6. Links
The Service may provide links to other websites or resources. BizzSecure has no control over these sites and content, and is not responsible for the availability of such links, resources and content. BizzSecure does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. BizzSecure is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods or services offered through these links, or any failures and/or disruption to your computer system that results from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links.
7. Indemnity
You shall indemnify BizzSecure against any and all loss, liability, claim, or demand, including actual attorney’s fees and costs, arising out of your use of the Service in violation of the Terms and/or your violation of any rights of another.
8. No Resale of Service
Without the express prior written consent of BizzSecure, you shall not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service.
9. Modification and Termination of the Service
BizzSecure reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. BizzSecure will not be liable to you or any third party for any modification, suspension or discontinuance of the Service.
10. Privacy Policy
Personal and certain other information is subject to our Privacy Policy. As a condition of using the Service, you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated here by reference, is located at https://www.bizzsecure.com/
11. Registration
In order to use the Service, you are required to subscribe. Subscribers are subject to the following specific terms in addition to all of the other provisions in these Terms:
- consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
- You shall provide true, accurate, current and complete information as required on the Service’s account registration form. If you provide any information that is untrue or incomplete, BizzSecure has the right to suspend or terminate your account and refuse your current or future use of the Service (or any portion thereof.)
- BizzSecure may, under certain circumstances and without prior notice, immediately terminate your BizzSecure account, any associated username and/or access to the Service. Cause for such termination will include, but not be limited to: (i) breaches or violations of the Terms or other policies, guidelines or rules, (ii) your engagement in fraudulent or illegal activity, (iii) unexpected technical or security issues, and (iv) requests by law enforcement or other government agencies. Any termination is in BizzSecure’s sole discretion and BizzSecure will not be liable to you or any third party for any termination of your account, password, username, or access to the Service.
- You are responsible for any activities that take place under your username and password. If you become aware of any unauthorized use of your password or account, or any other breach of security, please contact us immediately. It is up to you to maintain the confidentiality of your password and account. BizzSecure is not responsible or liable for any loss or damage arising from your failure to comply with the provisions of these Terms.
12. Proprietary Rights
The Service and any necessary software (“Software”) used in connection with the Service contain proprietary and confidential information that is the property of BizzSecure and its licensors, and is protected by applicable intellectual property and other laws. Except as expressly authorized by BizzSecure, you shall not modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or Software, in whole or in part. You also acknowledge BizzSecure ‘s exclusive rights in the BizzSecure trademarks and service marks.
13. Disclaimer of Warranties
The use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis. BizzSecure EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
BIZZSECURE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS., (2) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (3) THE RESULTS OF USING THE SERVICE WILL BE ACCURATE OR RELIABLE, (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH YOUR USE OF THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (5) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
No advice or information, whether oral or written, obtained by you from BizzSecure or through or from the Service will create a warranty not expressly stated in the Terms.
14. Limitation of Liability
BizzSecure will not be liable to you for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if BizzSecure has been advised of the possibility of such damages), resulting from (a) the use or the inability to use the Service, (b) unauthorized access to or alteration or alteration of your transmissions or data, (c) statements or conduct of any third party including advertisers on the Service, (d) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service, or (e) any other matter relating to the Service. In no event will BizzSecure be liable for any amount of money in excess of your subscription fee for the year in which you make a claim, which you acknowledge to be a fair and reasonable sum.
15. GDPR Compliance
The provisions in this section apply to users who are individuals residing in a European Union country (“EU Residents”). The General Data Protection Regulation, or GDPR, is a European Union regulation that governs the relationship between BizzSecure and EU Residents. Under the GDPR, BizzSecure is considered to be a “data controller.” This means that BizzSecure determines how and why personal data is processed.
In the course of providing the Service, BizzSecure may collect certain identifying personal data about EU Residents, including name, identification number, location data, online identifier, photographs, videos, etc. In these Terms, any such personal data that can be used to identify a specific person will be called “Personal Data.” As an EU Resident, you have the following rights, which we call Data Rights:
- You have the right to obtain confirmation from BizzSecure as to whether we are processing Personal Data concerning you.
- You have the right to information about the processing of your Personal Data, such as the purposes, the categories of Personal Data, recipients, etc.
- You have the right to obtain a copy, in electronic format, of any Personal Data concerning you that we hold.
- You have the right to be forgotten. This means that you have to right to have BizzSecure erase your Personal Data. You also have the right to have BizzSecure stop any further dissemination of your Personal Data. If Personal Data was collected when you were a minor, we are obligated to delete it upon your request. However, BizzSecure has the right to maintain your Personal Data in the following cases:
- If the Personal Data we hold is needed to exercise the right of freedom of expression;
- If we have a legal obligation to keep your Personal Data;
- If we need to maintain your Personal Data for reasons of public interest, such as public health, scientific, statistical, or historical research purposes; or
- If your Personal Data has undergone an appropriate process of anonymization.
- You have the right to object to the processing of your Personal Data for specific reasons. In such a case, BizzSecure will stop processing your Personal Data unless we need to process the Personal Data for reasons that override your rights and freedoms, or if we need the data for the establishment, exercise, or defense of legal claims.
- You have the right to object at any time to the processing of your Personal Data for direct marketing purposes.
exercise any of your Data Rights, please contact BizzSecure at info@bizzsecure.com Please note that there is no charge for exercising any of your Data Rights. However, if we determine that requests are unfounded or excessive, in particular because of their repetitive nature, we have the right to charge a reasonable fee or refuse to ac
16. Disputes
Any dispute relating to the BizzSecure website or the Service will be governed by the laws of the State of California, without regard to conflict of law provisions. BINDING ARBITRATION, TO BE CONDUCTED IN CALIFORNIA, WILL BE THE SOLE AND EXCLUSIVE VENUE FOR ANY CLAIMS OR DISPUTES RELATED TO THE SERVICE AND THE WEBSITE. YOU EXPRESSLY WAIVE THE RIGHT TO MAINTAIN OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT REGARDING THE SERVICE AND THE WEBSITE. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICE OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.
17. General Information
These Terms constitute the entire agreement between you and BizzSecure and govern your use of the Service. You may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use or purchase certain elements of the Service, affiliate or advertiser services, third-party content or third-party software.
The failure of BizzSecure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
Nothing contained in the Terms will be construed to constitute either party as a partner, employee or agent of the other party, nor will either party hold itself out as such. Each party has no right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
Please report any violations of the Terms to info@bizzsecure.com
