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
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.
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 firstname.lastname@example.org with the following information:
Upon receipt of a proper notice of copyright infringement by our Designated Agent, we reserve the right to:
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:
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.
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.
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.
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:
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:
exercise any of your Data Rights, please contact BizzSecure at email@example.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
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
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 firstname.lastname@example.org.