Terms & Conditions
This is the BizWish LLC. Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”). These Terms apply in full force and effect to your use of this Website and by using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website, if you have any objection to any of these Website Standard Terms and Conditions.
- Intellectual Property Rights
Other than content you own, which you may have opted to include and post on this Website, under these Terms and Conditions, BizWish LLC. owns all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of accessing, posting, voting, commenting and viewing specified material on this Website. Also see section 15 Use of Platform for further licensing terms & conditions.
You are expressly and emphatically restricted from all of the following:
3.1. publishing any Website material in any media;
3.2. selling, sublicensing and/or otherwise commercializing any Website material;
3.3. publicly performing and/or showing any Website material;
3.4. using this Website in any way that is, or may be, damaging to this Website;
3.5. using this Website in any way that impacts user access to this Website;
3.6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;
3.7. engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website;
3.8. using this Website to engage in any advertising or marketing except for its intended purpose; certain areas of this Website are restricted from access by you and BizWish may further restrict access by you to any areas of this Website, at any time, in its sole and absolute discretion. Any login/sign in information (such as user ID and password) you may have for this Website are confidential and you must maintain confidentiality of such information.
- Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display or enter on this Website. With respect to Your Content, by displaying it, you grant BizWish a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. Your Content must be your own and must not be infringing on any third party’s rights. BizWish reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.
- Objectionable Content
BizWish maintains a zero-tolerance policy regarding objectionable content. Objectionable content may not be uploaded or displayed to the extent such content includes is in conjunction with or alongside any objectionable content. Objectionable content includes but is not limited to: (1) Sexually explicit materials. (2) Obscene, defamatory, libelous, slanderous, violent and/or unlawful content or profanity. (3) Content that infringes upon the rights of any third-party including copyright, trademark, privacy, publicity or other personal or proprietary right or that is deceptive or fraudulent. (4) Content that promotes the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms.
You may not post any unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable content or content that violates any of these terms (Offensive content). Examples of such offensive content include, but are not limited to, the following:
- Abuse, harassment, threats, flaming or intimidation of any person or organization
- Engaging in or contributing to any illegal activity or activity that violates others’ rights
- Use of derogatory, discriminatory or excessively graphic language
- Providing information that is false, misleading or inaccurate
Any user can flag content they deem objectionable for review. Content will be moderated by BizWish to ensure the timely removal of any and all objectionable content. Any user account which has been confirmed responsible for posting objectionable content will be restricted from accessing and using BizWish.
- No warranties
This website is provided “as is,” with all faults, and BizWish makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.
- Limitation of liability
In no event shall BizWish, nor any of its officers, directors, employees and contractors be liable to you for anything arising out of or in any way connected with your use of this website, whether such liability is under contract, tort or otherwise, and BizWish, including its officers, directors, employees and contractors shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent BizWish from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
- Variation of Terms
BizWish LLC. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website.
BizWish LLC. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement
These terms, including any legal notices and disclaimers contained on this website, constitute the entire agreement between BizWish and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.
- Governing Law & Jurisdiction
These terms will be governed by and construed in accordance with the laws of the State of Florida and you submit to the non-exclusive jurisdiction of the state and federal courts located in Florida for the resolution of any disputes.
- Refund Policy
14.1 Once paid, all sales are final and no refunds or exchanges will be permitted.
By becoming a member or subscriber to BizWish, the customer agrees not to request or demand a refund, exchange or chargeback from their bank, credit card provider or any other financial institution responsible for other methods of payments used to obtain services at any time while or after using the company’s services. Any attempt to do so may be considered as breach of the Terms & Conditions set forth herein.
14.2 BizWish LLC. reserves the right to review and/or amend the Refund Policy, at its sole discretion, so please re-read it regularly. If the user continues to use the website services or visits it, they agree automatically with changes introduced to the policy.
- Use of Platform
Subject to the terms and conditions of this Agreement, and in its sole discretion, BizWish LLC. grants to user a non-exclusive, non-transferrable, right and limited license to access and use the BizWish LLC. Platform solely for the intended company purpose and authorized business use.
15.2. Third Party Products
The Platform may include functionality licensed by third parties ("Third Party Products"). Third Party Products may be accessed through the Platform or provided separately. Where a Third-Party Product is subject to a separate set of terms and conditions, will be available on the third-party’s platform. BizWish LLC. does not make any representations or warranties with respect to any such third-party technology and does not have any responsibility or liability to user for Third Party Products and expressly disclaims any warranties for such Third-Party Products, express, implied or statutory. User agrees to comply with all terms and conditions applicable to the use of Third-Party Products.
15.3. Customer Responsibilities
(a) No Reverse Engineering
User shall not (and shall not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Platform; or (ii) modify or create derivative works from the Platform, or (iii) introduce into the Platform any virus, worm, “back door,” Trojan Horse, or similar harmful code. If user violates this section, BizWish LLC. may immediately deny user access to the Platform, or any portion of thereof, without notice or refund and will be subject to legal actions.
(b) Platform Usage
Customer shall not do any of the following (each a "Restricted Activity"):
- make the Platform available to anyone other than Users assigned to Seats;
- use the Platform for the benefit of anyone other than Customer;
- sell, resell, license, sublicense, distribute, make available, rent or lease the Platform in a service bureau or outsourcing offering;
- collect, store or use Recordings or Screener Responses in violation of applicable laws or regulation;
- interfere with or disrupt the integrity or performance of the Platform or any data or information contained therein;
- attempt to gain unauthorized access to the Platform or its related systems or networks;
- permit access to, or use of, the Platform in a way that circumvents a contractual usage limit;
- copy the Platform or any part, feature, function or user interface thereof;
- frame or mirror any part of the Platform, other than framing on Customer’s own intranets or otherwise for user’s own internal business purposes;
- communicate with Participants outside of the Platform regarding any activity under this] Agreement;
- access or use the Platform or Participants available through the Platform in order to build or benchmark a product or service competitive to BizWish LLC.
15.4 BizWish LLC. may suspend user’s access to the Platform if it determines that user has engaged in any Restricted Activity. BizWish LLC. will provide user with prompt notice if it suspends a user’s access to the Platform pursuant to a Restricted Activity and will restore access as soon as reasonably practicable once the situation is remedied.
15.5 User understands and agrees that BizWish LLC. may monitor all use of the Platform for security, operational, improvement and performance purposes.