Membership privileges are granted by BizTrader to individuals exclusively and are granted specifically to the subscribing registered member only. No employee, independent contractor, agent, or affiliate of a competing service is permitted to access the BizTrader Service without express written permission from BizTrader, and by registering for a membership, you represent and warrant that you are not a competitor of BizTrader or acting on behalf of a competitor of BizTrader in registering for and accessing the Service. Membership rights cannot be assigned, sublicensed, distributed, shared, viewed, accessed, or otherwise transferred to anyone other than the registered member without the express written permission of BizTrader. By completing the registration process, Customer represents and warrants that the information provided is true, accurate, complete, and current. BizTrader requires that each registered user maintain a valid email address and a password, which shall be utilized for logging on to the BizTrader Service. Members are not permitted to share their individual login information with others. BizTrader has the right to refuse service to any member, individual, organization, or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by the terms and conditions herein, refuses to abide by the Listing Policies as posted and displayed on the BizTrader Service, or abuses their rights related to the BizTrader service.
Upon registration, Customers can elect to become a FREE Member or PREMIUM Member. A FREE Member may search BizTrader’s property listings and will receive a subset of results of the available properties, businesses, equipment, and/or company/ professionals matching the Customer’s search parameters but will only be able to view listing details of listings that are allowed under the FREE Membership. PREMIUM Members can view listing details of all published listings. Both FREE and PREMIUM Members may elect to use additional paid services, such as featured listings, geographic advertisements, listing marketing emails, and social media services.
Customers and Users are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your account. BizTrader is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your account login information or password and/or failure to comply with the terms and conditions set forth in the Membership Privileges, Use of Information or Ownership and License Grant sections of this agreement that relate to confidentiality of account information.
BizTrader utilizes email as a vital and primary communication channel with customers. As a user of the Service, you as a Customer hereby acknowledge and grant BizTrader and/ or other users of BizTrader permission to communicate with you via email (as well as other communication channel such as phone and fax) for any purposes BizTrader determines to be relevant including, but not limited to, system messages, product updates, service announcements, sponsored content, and other marketing messages. BizTrader will use best efforts to honor Customer’s request to opt out of marketing messages, but under no circumstances will BizTrader have any liability for sending any email to its users/customers. By becoming a member of biztrader.com, you acknowledge and agree that BizTrader may record telephone and other electronic communications it has with you for BizTrader internal business purposes, including but not limited to training and quality assurance purposes.
SUBMISSION AND ADMINISTRATION OF LISTINGS:
Customer shall have the opportunity to submit to the BizTrader service, listings, which may include photographs, images, videos (which may include sound and/or music), graphics, financial, contact or other information (collectively, the “Submitted Content”). You represent and warrant that (a) you own or have the full right, power and authority to grant to BizTrader use of and rights in and to all Submitted Content that you upload, post, e-mail or otherwise transmit to BizTrader; (b) your license of such content to BizTrader hereunder does not, and the use or license of such content by BizTrader to third parties will not, infringe any right or interest owned or possessed by any third party; and (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content. With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, e-mail or otherwise transmit to or via the Service, BizTrader acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant BizTrader and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. You further acknowledge and agree that BizTrader may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion. Customer agrees not to submit any Submitted Content to BizTrader unless the Customer has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on the Customer’s website or on BizTrader’s website. Specifically, Customer will not submit a photograph if Customer received the photograph from a third-party information provider under the terms of a license that does not allow posting of such photograph or video on the BizTrader Service.
BizTrader reserves the right to, at their sole discretion; remove Submitted Content that violates any of the following terms:
• Submitted Content must be relevant to BizTrader.
• Submitted Content must not constitute, facilitate, or promote illegal products, services, or activities.
• Submitted Content must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.
• Submitted Content must not promote the sale or use of tobacco products and related paraphernalia.
• Submitted Content must not promote the sale or use of illegal, prescription, or recreational drugs.
• Submitted Content must not promote the sale or use of weapons, ammunition, or explosives.
• Submitted Content must not promote the sale or use of supplements.
• Submitted Content must not promote any competing or similar service.
• Submitted Content must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.
• Submitted Content must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. To report content that you feel may infringe upon or violate your rights, please check these details.
• Submitted Content must not promote the sale or use of adult products or services.
• Submitted Content must not contain shocking, sensational, disrespectful, or excessively violent content.
• Submitted Content must not contain content that asserts or implies personal attributes. This includes direct or indirect assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status, membership in a trade union, criminal record, or name.
• Submitted Content, landing pages, and business practices must not contain deceptive, false, or misleading content, including deceptive claims, offers, or methods.
• Submitted Content must not contain content that exploits controversial political or social issues for commercial purposes.
• Submitted Content must not direct people to non-functional landing pages. This includes landing page content that interferes with a person’s ability to navigate away from the page.
• Submitted Content must not contain profanity or bad grammar and punctuation. Symbols, numbers, and letters must be used properly.
• Submitted Content must not contain images that portray nonexistent functionality.
• Submitted Content promoting income opportunities must fully describe the associated product or business model and must not promote business models offering quick compensation for little investment, including multilevel marketing opportunities.
• Submitted Content must not contain content leading to external landing pages that provide an unexpected or disruptive experience. This includes misleading ad positioning, such as overly sensationalized headlines, and leading people to landing pages that contain minimal original content and a majority of unrelated or low-quality ad content.
• Submitted Content must not contain spyware, malware, or any software that results in an unexpected or deceptive experience. This includes links to sites containing these products.
CONTENT REMOVAL REQUESTS:
Upon Customer’s request, BizTrader will use best efforts to honor Customer’s request to remove Submitted Content. Requests for the removal of Submitted Content must be submitted to Support@biztrader.com. Additionally, each Listing on BizTrader is equipped with “Report” feature which allows the
USE OF INFORMATION:
Customer agrees to treat all information obtained from the BizTrader Service, including listings, and any information otherwise made available to Customer in the Service (individually and collectively, the “Content”) as proprietary to BizTrader. Customer agrees that Content reserved for members will be maintained as confidential and shall be protected as a trade secret of BizTrader. BizTrader does not ensure the accuracy of, endorse, or recommend any Content and Customer uses such Content at the Customer’s own risk. Customer may access the Content solely to obtain initial information from which further evaluation and investigation may commence.
INFORMATION PROVIDED BY BizTrader ONLY, CUSTOMER SHOULD CONSULT AN APPROPRIATE PROFESSIONAL TO VERIFY INFORMATION OBTAINED FROM THE SERVICE.
Customer shall limit access to and use of active listings to personal and internal use and shall not use any information obtained from the Service for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way. Customer shall not use or reproduce any Content that is obtained from the Service, or that is otherwise made available to Customer in the Service, for or in connection with any other listing service or device. Customer further shall not use the Service in any other manner for or in connection with any other listing service or device. Customer shall not use the BizTrader Service as part of any effort to compete with BizTrader, including without limitation using the BizTrader Service to provide, alone or in combination with any other product or service, any database services to any third-party or any use that causes a reduction or loss from an existing or potential BizTrader Customers, nor shall Customer remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in the BizTrader Service. Customer shall not use any robot, spider, or other automated process to submit listings, monitor, data mine or copy BizTrader products, services, or information; decompile, decode, or reverse engineer the BizTrader Service; or use BizTrader products or services in an unlawful manner, such as for offensive, abusive, tortuous, libelous, defamatory, or other illegal purposes.
BizTrader is a registered trademark owned by NNVOY, LLC. All other trademarks and registered trademarks are the property of their respective owners.
RSS TERMS AND CONDITIONS:
The following terms and conditions cover the Really Simple Syndication (RSS) feeds of BizTrader’s website. By accessing or using BizTrader’s RSS feeds, you accept and agree to BizTrader’s RSS terms and conditions below. If you have questions or concerns about any of these terms and conditions or if you wish to use an RSS feed in a manner inconsistent with any provision below (e.g., on a mobile device for commercial purposes or redistribution, or with your own advertising), please do not hesitate to contact us at Support@biztrader.com. We will be happy to discuss your ideas and to work with you to try to meet your requests.
1. For any article, listing, or advertisement, you may not display more text than we provide in the RSS feed.
2. All text from our RSS feed must displayed in the way we provide the text. You may not edit, translate, or reformat the content that we provide. You must retain all links to the original BizTrader article, listing, or advertisement on biztrader.com, as well as any other hyperlinks or notices in the feed.
3. You must ensure that all excerpts link directly to biztrader.com, and you may not insert interstitial, splash, intermediate pages or any other content or advertising in connection with our RSS feed, or between any display of our RSS feed and our website.
4. You must retain in original form the attribution and by-line provided in the RSS feed and must prominently credit BizTrader in connection with each RSS excerpt that you publish.
5. Except for your own individual, personal use, you may not display our RSS feed on a mobile device, defined as any portable device using wireless technology to receive content, data, and/or other information (including within a mobile application or on a mobile website).
6. You may not aggregate or otherwise use articles and/or excerpts from our RSS feed in a manner that could reasonably serve as a substitute for our original content, compete with our service, or could otherwise diminish the value of the content of BizTrader. For instance, you may not publish a webpage that simply aggregate the RSS feeds of BizTrader listings and sell advertising against that page.
7. You may not strip advertising from our RSS feeds, nor serve your own advertising within or against our RSS feeds.
8. You may not sell, lease, sublicense, redistribute or otherwise monetize our RSS feeds.
9. You may not display the name, logo, trademark or other identifier of another person or entity in connection with our RSS feeds in a manner that could reasonably indicate that such other person or entity is affiliated with our RSS feeds.
10. You may not display the RSS feeds on any website or in any other way that could reasonably damage the brand or reputation of BizTrader. For instance, you may not publish our RSS feed on or in connection with any website that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person; is libelous or defamatory; is obscene, pornographic, or sexually explicit; violates a person’s right to privacy; violates any local, state, national, or international law; contains or advocates illegal or violent acts; degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual orientation, disability, or other classification; or is predatory, hateful, or intended to intimidate or harass.
11. You must provide us with complete and accurate registration information in order to use our RSS feeds.
12. You will promptly remove our RSS feeds upon our request, and will not store or archive any of our feeds.
13. We are not liable for your use of our RSS feeds or any related activity.
14. We may limit, suspend, or terminate your access to and use of our RSS feeds at any time at our sole discretion.
15. We retain all ownership and other rights in the RSS content, and in any and all BizTrader logos and trademarks used in connection with the RSS feeds.
BY DOWNLOADING 420PROPERTY’S RSS FEED, YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. WE RESERVE THE RIGHT TO CHANGE ANY OF THESE TERMS AT OUR SOLE DISCRETION. YOUR CONTINUED USE OF OUR SERVICE CONSTITUTES ACCEPTANCE OF ANY SUCH CHANGES.
If you have questions about use of our RSS feeds, or to request our permission to deviate from the requirements set forth above, including using our feeds in mobile products or on any mobile platform, please contact us at Support@biztrader.com.
SUBSCRIPTIONS AND PAID SERVICES:
Once you have completed any applicable free trial period or exceeded any limits described on the applicable Pricing Schedule (the “Pricing Schedule”), you will be subject to fees in accordance with the Pricing Schedule. Applicable fees will be billed monthly for the Service, even if you are not actively using the Service. The applicable Pricing Schedule is subject to change at any time at BizTrader’s sole discretion, and if you do not agree to any such changes, you should contact us to cancel your account. We will use good faith efforts to notify you prior to the effectiveness of any significant change to the applicable Pricing Schedule, but you are responsible for reviewing the applicable Pricing Schedule from time to time and remaining aware of the fees charged by us and any applicable discounts. You acknowledge and agree that our measurements are the definitive measurements for payment due and owed hereunder. BizTrader’s most recent Pricing Schedule can be found at: https://www.biztrader.com/advertise/#pricing
Customer agrees to pay for all products and/ or services ordered through the BizTrader Service or via the BizTrader sales team using the payment method indicated and provides BizTrader express authorization to charge said fees to the Customer’s payment provider at time of purchase or renewal. Fees owed depend on the specific type and quantity of BizTrader products, services, information, or deliverables (collectively “Deliverables”) ordered. Payment of fees shall not be contingent on any events other than the delivery of the ordered Deliverables. All products and services are provided as-is without warranty.
Any attorney fees, court costs, or other costs incurred in collection of delinquent undisputed amounts shall be the responsibility of and paid for by Customer. If payment is not current, BizTrader may immediately cease to provide all Deliverables to the customer. The fees do not include sales, use, excise or any other taxes or fees now or hereafter imposed by any governmental authority with respect to Deliverables. At BizTrader’s option, the Customer shall pay such taxes or fees directly or pay to BizTrader any such taxes or fees immediately upon invoicing by BizTrader. BizTrader is required to collect sales tax on purchases in select states. Recurring charges will include sales tax in accordance with applicable laws of your state. To view your billing information, visit your Dashboard. The fees paid for monthly subscriptions are non-refundable, regardless of whether the subscription is terminated prior to the end of the then-current monthly billing period. Discounts received via a product bundle are subject to removal when product(s) in bundle are canceled. No partial month refunds will be provided.
Monthly subscriptions and or/ paid advertisement fees will automatically renew using the Customer’s current PayPal and/or credit card account number unless Customer or BizTrader cancels their subscription three (3) days prior to the renewal date. Customer cancellations shall be made by emailing deleting your paid advertisements or by emailing Support@biztrader.com. All cancellation and non-renewal requests by Customer will be processed within three (3) business days. Once the cancellation is processed, a confirmation email will be sent via the customer’s email account on record with BizTrader. Upon cancellation, the Customer’s access to paid services will immediacy be stopped regardless of how many days of service are remaining the current membership. BizTrader does not prorate fees and will under no circumstances be obligated to make refunds for prorated days services.
If Customer has a question about a cancellation, Customer should contact BizTrader Client Services at Support@biztrader.com. BizTrader reserves the right to change its fees or billing methods at any time. BizTrader will provide timely notice to the affected Customers of any such changes.
It is the Customer’s responsibility to promptly provide BizTrader with any contact or billing information changes or updates (including phone number, email address, credit card numbers, PayPal information, etc.). Account updates should be made online via the “Dashboard” once Customer has logged into www.biztrader.com.
The Customer must notify BizTrader about any billing problems or discrepancies within 60 days after charges first appear on their Account Statement. If it is not brought to BizTrader’s attention within 60 days, Customer agrees to waive their right to dispute such problems or discrepancies.
Notwithstanding anything set forth herein to the contrary, any disputes about any charges to you under this Agreement must be submitted to us in writing to Support@biztrader.com within 60 days of the date such charges are incurred. You agree to waive all disputes not brought within the 60-day period, and all such charges will be final and not subject to challenge.
Customer acknowledges and agrees that any credit card chargebacks initiated against transactions processed by NNVOY, LLC through BizTrader for products and/or services ordered will be considered a breach of this Agreement. In the event of a chargeback, the Customer’s account may be suspended or terminated at the discretion of BizTrader. Any outstanding balance will remain due, and BizTrader may pursue all available legal remedies to collect the amount owed.
If Customer has a legitimate reason to dispute a charge, Customer agrees to contact 420 Support at Support@biztrader.com to attempt to resolve the issue before initiating a chargeback with their credit card company or payment provider. Any attorney fees, court costs, or other costs incurred in collection of chargebacks shall be the responsibility of and paid for by Customer.
BizTrader reserves the right to assess a chargeback handling fee for any chargebacks initiated by Customer, in addition to any other remedies available under this Agreement or at law. All decisions regarding chargebacks and chargeback handling fees are at BizTrader’s sole and absolute discretion.
RIGHT TO SUBCONTRACT:
BizTrader, in its sole discretion, may subcontract or delegate to an affiliate or third party any of its duties, obligations, or services offered.
UNSOLICITED COMMERCIAL EMAILS AND MESSAGES (SPAM):
BizTrader prohibits the use of our system or its tools to generate or send unsolicited commercial emails or messages (SPAM). Customers may not use the services that BizTrader offers to send SPAM (i.e. unsolicited commercial email) or otherwise send content that would violate these Terms and Conditions. Customer agrees to send email only to those who have given Customer consent or with whom Customer has an established business relationship. BizTrader has the right to revoke the privileges of any customer, user, or entity that breaches these terms.
BizTrader reserves the right to terminate or suspend a Customer’s membership and or services upon a good faith determination of a violation of this Agreement or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, legal injunction, court orders, requests by law enforcement, fraudulent or illegal activity by you, discontinuance, or material modification of BizTrader services, nonpayment of fees owed by you in connection with BizTrader or its affiliates’ services, account inactivity or technical or security issues. Upon termination, BizTrader shall have no obligation to maintain or forward any content in your account.
OWNERSHIP AND LICENSE GRANT:
BizTrader retains all rights (including Intellectual Property Rights as defined below), title and interest in the BizTrader Service and all underlying technology and data including any enhancements and improvements thereto as a result of providing the Deliverables hereunder. Customer will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of BizTrader’s technology or delete or alter author attributes or copyright notices. Customer shall use the BizTrader system solely for their own individual use and shall not share passwords with others or allow others to use the BizTrader system under or through that Customer’s login ID/email and password; nor shall Customer use the BizTrader system to list properties or conduct searches on behalf of other non-customer brokerage, research, analyst, sales or other similar personnel.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
LIMITATION OF LIABILITY AND INDEMNIFICATION:
IN NO EVENT SHALL BizTrader BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY THE CUSTOMER ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF BizTrader’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR CUSTOMER’S FAILURE TO KEEP CUSTOMER’S LOGIN AND/OR PASSWORD SECURE AND CONFIDENT) ARISING OUT OF THIS AGREEMENT. Customer’s exclusive remedy, and BizTrader’s entire liability under this Agreement shall be a refund to Customer of the fees paid to BizTrader hereunder, and in no event will BizTrader’s liability for any reason exceed such fee. BizTrader (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from Customer’s use of the Deliverables, and Customer shall indemnify BizTrader (and BizTrader’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than Customer arising from Customer’s use or application of the Services or the Deliverables. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
THE LISTING, CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. BIZTRADER MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, CONTENT, AND/ OR SERVICES, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND BizTrader SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NO INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBRANCES’ OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. BizTrader MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO BIZTRADER’S SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM BIZTRADER’S WEBSITE, INCLUDING LISTINGS ARE ACCESSED AT CUSTOMER’S OWN DISCRETION AND RISK, AND CUSTOMER WAIVES ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO CUSTOMER’S COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOAD OF SUBMITTED CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BizTrader OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
Customer agrees that BizTrader makes no guarantee or assumptions of the legality in any jurisdiction. BizTrader recommends that you seek legal counsel that is knowledgeable in the local laws and regulations regarding cannabis before engaging in any cannabis related business activities.
MAPS AND DIRECTIONS DISCLAIMER:
The maps and directions information provided by BizTrader have been obtained from sources believed reliable. While BizTrader does not doubt the accuracy of the maps and/or directions, we have not verified the information and make no guarantees, warranties or representations about the maps and/or directions, which include, but are not limited to the geographic boundaries for advertisements. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. Customer assumes all risk of use. Neither BizTrader nor its partners or suppliers assume any responsibility for loss, damage or delay caused by Customer’s use of and/or reliance on Customer’s use of BizTrader’s information, products, or services.
LINKS TO THIRD-PARY SITES:
If you believe that your work has been copied onto BizTrader in a way that constitutes copyright infringement, please provide BizTrader’s designated DMCA agent with the following written information, in accordance with the Digital Millennium Copyright Act (DMCA). Please note that this procedure is exclusively for notifying BizTrader that your copyrighted material has been infringed:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on BizTrader, with identifying information for the listing, if applicable;
• Your name, address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please send all DMCA notices to our designated agent at the following email address: firstname.lastname@example.org
We may forward any notice(s) of alleged infringement pursuant to this Section to the person(s) who provided the allegedly infringing content.
NNVOY, LLC will not be liable for any copyright violations resulting from content submitted to the service. The customer agrees to resolve and pay any monetary damages to NNVOY, LLC as a result of copyright violations. Additionally, in accordance with the DMCA, NNVOY, LLC has a policy of terminating the accounts of repeat infringers in appropriate circumstances.
Customer acknowledges that NNVOY, LLC may have a financial relationship with some of the companies mentioned and/ or displayed throughout the BizTrader Service. We do not make recommendations based on these relationships alone. Compensation may impact which companies we review and write about and how and where products appear on this site including, for example, the order in which they appear.
The property, business, service, loan, insurance, and credit offers that appear on this site are from companies or affiliates from which biztrader.com may receive compensation. This compensation may impact how and where products appear on this site (including for example, the order in which they appear or whether a listing is “featured” on the site or whether a service provider is a “premier broker”).
Loan, insurance, and credit providers determine the underwriting criteria necessary for approval. You should review each Provider’s terms and conditions to determine which loan works best for you and your own personal financial situation. All reasonable efforts are made to provide and maintain accurate information. All rates, fees, and terms are presented without guarantee and are subject to change pursuant to each Provider’s or affiliates discretion. There is never a guarantee you will be approved for credit or that upon approval you will qualify for the advertised rates, fees, or terms that were shown.
Any Customer who identifies themselves as a Professional on the BizTrader Service hereby represents and warrants that Customer is validly licensed as required by law either and is in compliance with applicable requirements in all jurisdictions in which Customer is required to be licensed. BizTrader may, in its sole discretion, but without any obligation to verify the licensure of such individual and remove from the list any Customer whom the Company believes is not a licensed in any applicable jurisdiction. The Company may, in its sole discretion, terminate the accounts of, and refuse services to, any Customer who repeatedly or knowingly misrepresents its licensed. BizTrader does not and shall not have any obligation to independently verify the licensure of individuals identified as a Professional on the website. It is your responsibility to confirm the licensed status of any professional listed on the BizTrader Service.
GOVERNING LAW, ARBITRATION, CLASS ACTION WAIVER:
This Agreement, and the Deliverables provided by BizTrader, shall be governed by the laws of the State of California, without reference to conflict of laws principles. The parties hereby consent to the exclusive jurisdiction and venue of the State and Federal courts of Sacramento County, California for the adjudication of any disputes or claims arising out of and/or related to this Agreement. If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which shall remain in full force and effect.
Should BizTrader file or threaten to file a judicial action against Customer alleging violation of BizTrader’s intellectual property rights or violation of use provisions of this Agreement, Customer may elect to resolve BizTrader’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in Sacramento County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of BizTrader’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent BizTrader from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
Should BizTrader file or threaten to file a judicial action against Customer alleging violation of BizTrader’s intellectual property rights or violation of use provisions of this Agreement as they pertain to Premium Lister or Premium Searcher products, Customer may elect to resolve BizTrader’s claims through binding arbitration to be governed by the Commercial Arbitration Rules of the American Arbitration Association and to be held in San Francisco County pursuant to the laws of the State of California. Such right must be invoked within twenty (20) days of BizTrader’s filing of or threat to file a judicial action. Provided, however, that nothing in this paragraph shall be construed to prohibit or prevent BizTrader from requesting any legal or equitable relief or remedy of any kind in an action commenced in state or federal court or in any arbitration proceeding.
The Customer further agrees that arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND BIZTRADER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Notwithstanding the decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either BizTrader or Customer may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Changes to this section will otherwise apply prospectively only to claims arising after the thirtieth (30th) day. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled “Arbitration and Class Action Waiver,” and the court or arbitrator shall apply the first Arbitration and Class Action Waiver section in existence after you began using the Service.
This Arbitration and Class Action Waiver section shall survive any termination of the Service.
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assignees. The rights under this Agreement or any license granted hereunder may not be assigned, sublicensed, or otherwise transferred by Customer without the prior written consent of BizTrader, which retains the right to withhold consent in its sole discretion.
WAIVER AND SEVERABILITY:
The failure of BizTrader to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, Customer agrees that the remaining terms and provisions remain in full force and effect.
All notices to BizTrader must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Legal at BizTrader.
Notices shall be sent to the following address:
NNVOY, LLC | biztrader.com
PO Box 596
Orangevale, CA 95662
E-Mail Address: Support@biztrader.com
The terms and conditions of this Agreement constitute the entire agreement between the parties and supersede all previous agreements and understanding, whether oral or written, between the parties hereto with respect to the subject matter of this Agreement.
NO APPROVAL OR ENDORSEMENT:
The Customer acknowledges that BizTrader does not approve, endorse, or sponsor any product or service other than those that are directly affiliated with BizTrader. The Customer will not make any representation that BizTrader approves, endorses, or sponsors any of the Customers products or services. Nothing in this Agreement shall be construed to mean or imply that the Customer has any license to use any BizTrader trademark, service mark, logo or trade name unless otherwise specified in this agreement or in writing.
If BizTrader finds it necessary to proceed with legal or collection actions, the Customer will be responsible legal and/or collection fees.
OTHER RIGHTS OF BIZTRADER:
Customer agrees that BizTrader shall have the right to use listings and other Submitted Content for any purpose, including without limitation for publication of all or part of such listing on the internet for unrestricted use by BizTrader customers and partners including but not limited to social media websites. BizTrader shall have sole authority to choose the manner in which any listing will be received, displayed and used by the Service, and reserves the right to remove all or any part of a listing or refuse Services to anyone at any time in its sole discretion. BizTrader shall have no obligation to (i) resolve disputes among users of the Service; or (ii) monitor or verify the accuracy or proper use of the listings.