|
Our Intellectual Property
The BizZNest-IPayByWeb name and BizZNest-IPayByWeb branded seals, logos, and related marks are registered trademarks/design marks of BizZNest-IPayByWeb. BizZNest-IPayByWeb Web site seals, and other such marks are trademark/certification mark(s)/service mark(s)/product mark(s) of BizZNest-IPayByWeb. All rights reserved.
BizZNest-IPayByWeb Seals, Logos, Mascots, Products, Services and Related Marks
© 2009 - 2012 with all rights reserved.
Our Site and all of its contents (articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the “intellectual property”), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by BizZNest-IPayByWeb or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by BizZNest-IPayByWeb.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of interest to you. You must keep intact all copyright, trademark and other notices contained in your personal copies. Except as otherwise provided in these Terms & Conditions, you may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically without our express written consent. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in these Terms & Conditions, you may not copy, download, display, distribute, publish, enter into a database, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Proper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law.
You agree to defend, indemnify and hold BizZNest-IPayByWeb, its officers, directors, employees, agents, licensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, liabilities and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Transactions
Certain areas of this Site enable you to apply to join one or more of BizZNest-IPayByWeb services. The terms of those services and the terms governing your application to and participation in those services are set forth in the License Agreement[s] for such service[s]. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your application, nor does it constitute an acceptance into the service. BizZNest-IPayByWeb reserves the right after receipt of your order to accept or decline your application as provided in the License Agreement governing the particular service[s] for which you apply.
Credit Card Information Policy
We have adopted the corporate policy of nerver storing full credit card numbers, expiration dates or ccv codes within our databases, server computers, electronic data storage mediums, etc,... We store a credit card number for each transaction processed by the MPS gateway or other gateways in the following format, ************1234. The intended consequence of this policy is that we do not provide or ever plan to provide a recurring billing service with automatic payment. User intervention is always required to use any BizZNest-IPayByWeb service.
Whitelists
Any information contained in a BizZNest-IPayByWeb Whitelist is designed to communicate the compliance with the applicable application requirements of a BizZNest-IPayByWeb Service by a particular company or software application. The intent of each BizZNest-IPayByWeb Whitelist is solely to communicate that the company or software application listed therein has been found to be in compliance with the application requirements of the applicable BizZNest-IPayByWeb Service; however, it may be that the company or software application listed therein has violated the application requirements of the applicable BizZNest-IPayByWeb Service and such violation has not yet been detected or reported, and in the event that it is determined that there has been a violation of the applicable service requirements, that company’s or software application’s status on the Whitelist would be under review. Listing of any company or software application on the Whitelist does not mean anything more than the foregoing and you may not infer anything further about the company, products or services of the company, or the software application from such listing on the Whitelist.
Use of the information on any of Whitelists is for verification and research purposes only. While BizZNest-IPayByWeb encourages development of automated technologies to implement BizZNest-IPayByWeb Whitelists, such development must be predicated on the execution of an agreement with BizZNest-IPayByWeb regarding such development and use of the BizZNest-IPayByWeb Whitelists. Absent such an agreement, obtaining information from a BizZNest-IPayByWeb Whitelist by automated means, such as 'screen scraping', for purposes of commercial automated verification or research is prohibited.
Disclaimer of Warranty, Limitation of Liability, and Release
BizZNest-IPayByWeb does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU “AS IS.” BizZNest-IPayByWeb MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL BizZNest-IPayByWeb OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED BizZNest-IPayByWeb IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
BizZNest-IPayByWeb DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE MATERIALS ON THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT BizZNest-IPayByWeb ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT OUR COMPANY. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
In the event that you have a dispute with BizZNest-IPayByWeb, you release BizZNest-IPayByWeb (and our officers, directors, agents, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code section 1542 which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially altered his settlement with the debtor.”
Links to Other Sites
Our Site may provide links to web sites not operated by BizZNest-IPayByWeb. Access to any other sites linked to this Site is at your own risk. We assume no responsibility for third-party web sites. For example, we do not vouch for the accuracy or reliability of the information on third-party web sites, even if someone from our company is quoted or leaves a comment. We assume no responsibility for the content of or services offered by linked third party-sites, and make no representations regarding the accuracy of materials on third-party Web sites. Statements made on third-party Web sites linked to or from this site reflect only the views of their authors and not of BizZNest-IPayByWeb.
Links From Other Sites
Unless otherwise set forth in a written agreement between you and BizZNest-IPayByWeb, you may link your Web site to the home page of our Site. provided that you adhere to the following linking policy:
• any link to BizZNest-IPayByWeb's Site must be a text only link and clearly marked 'BizZNest-IPayByWeb Site',
• the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with name,
trademarks, and certification marks,
• the link must 'point' to the URL www.Bizznest.net and not to other pages within our Site,
• the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored
by, affiliated with, or associated with BizZNest-IPayByWeb,
• when selected by a user, the link must display the BizZNest-IPayByWeb Site on full-screen and not within a 'frame' on the linking Site, and
• BizZNest-IPayByWeb reserves the right to revoke its consent to the link at any time and in its sole discretion.
Violations and Additional Terms
BizZNest-IPayByWeb reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions of Use statement, including suspending or blocking your access to the Site or any and all approved services. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.
No Waiver
No delay or failure by BizZNest-IPayByWeb to enforce any of these Terms and Conditions of Use shall constitute a waiver of any of our rights under these Terms and Conditions of Use. Neither the receipt of any funds by BizZNest-IPayByWeb nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions of Use. Only a specific, written waiver signed by an authorized representative of BizZNest-IPayByWeb shall have any legal effect.
Severability
If any clause or provision set forth in this Terms and Conditions of Use statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Governing Law and Jurisdiction
These Terms and Conditions of Use and any disputes arising under or related to these Terms and Conditions of Use and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the State of California, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in the state or federal courts in San Diego, California, where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of California for any legal proceeding involving the Site, regardless of who initiated the proceeding.
This English-language Terms and Conditions of Use statement is official agreement with users of this and related Site[s]. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
For More Information
If you have any questions regarding our Terms and Conditions of Use statement, please contact us by sending an email to legal@Bizznest.net or writing to us at:
|
BizZNest-IPayByWeb
San Diego Office
7589A Saranac Avenue
La Mesa, CA 91942
Tel: +1 (619) 561-6754
|
BizZNest-IPayByWeb
Escondido Office
1153 Inspiration Lane
Escondido, CA 92025
Tel: +1 (760) 480-1002
|
Changes to this Agreement
BizZNest-IPayByWeb reserves the right, in its sole discretion, to modify, alter, or otherwise change this Agreement at any time. We will provide notice of such change on the this Web site. Please review the Terms and Conditions of Use and/or Additional Terms periodically for changes. Your continued use of the BizZNest-IPayByWeb Web site constitutes your acceptance of and agreement to be bound by these changes without limitation, qualification or change. If at any time you determine that you do not accept these changes, you must stop using this Web site.
|
