For the purpose of this Agreement, a “User” is defined as any person who visits an internal BZMEET.COM page, accesses, or uses the BZMEET.COM Site for whatever purpose, regardless of whether the said User has registered on BZMEET.COM as a registered account User or whether the User is a paying customer for any BZMEET services. In addition a User is defined and includes any person, entity, business, or company using the BZMEET.COM Site which may be represented by any entity, business or company person accessing any pages of the BZMEET.COM Site.
THUS, BY USING THE BZMEET.COM SITE, BZMEET SERVICES, LOGING IN, CREATING AN ACCOUNT AS A MEMBER, AND/OR GOING TO ANY BZMEET.COM PAGE, YOU AS A USER ARE RESPONSIBLE TO ABIDE BY ALL THE TERMS AND CONDITIONS AS SPECIFIED AND DESCRIBED IN THE FOLLOWING:
YOU AGREE TO THE FOLLOWING:
You agree that by accessing, using and/or registering on BZMEET.COM Site, including any BZMEET.COM applications, any BZMEET Web pages, BZMEET services, or other information provided as part of the BZMEET.COM Site, you are entering into a legally binding agreement with BZMEET.COM , USA if you reside in the United States, BZMEET.COM Philippines for any County in Asia, BZMEET.COM Poland for anywhere in Eastern Europe and with BZMEET.COM Ireland if you reside anywhere else in Europe and other parts of the world including Australia and Africa.
COPYRIGHT NOTICE: You as User Agree to BZMEET.COM’S Full Rights as an Online Service Provider and to not violate any of BZMEET.COM Claims of Copyright Infringement. BZMEET.COM considers itself an online service provider under Subsection 512(c) of the Digital Millennium Copyright Act, Title 17 of the U.S. Code and has this notice in place to address claims of copyright infringement on BZMEET.COM internet services. Copyright 2011, BZMEET.COM All Rights Reserved and you as User agree to abide by and be bound by all BZMEET.COM’s Rights under Subsection 512(c) of the same Digital Millennium Copyright Act, Title 17 of the U.S. Code, including but not limited to no matter which country or place you use or access any pages of BZMEET.COM.
DESCRIPTION OF TERMS IN THIS AGREEMENT
The following terms, whether using any capital letters in the word for the term or not, when used in this Agreement, shall have the following meanings:
"Content". The term "Content" means all documentation, information, data, or other material, in any form or media, as seen in, contained in, obtained from, found in or in relation to theBZMEET.COM Site, including any Postings by User and all User results obtained from the BZMEET.COM Site.
"Information". The phrase "Information" includes all data, information, documents, files, User personal identifying information, and software disclosed by one party to the other in connection with the Site or your Site Use.
"Notice". The phrase "Notice" refers to the sending of Information to you as User through any means as requested by BZMEET.COM .
"Site". The term "Site" means any BZMEET.COM internet site, page and all internal or sub-pages, uniform resource locator ("URL"), domain location, all Information and Content thereon.
"Site Use". The term "Site Use" means your use of or access to the BZMEET.COM Site.
“Us,” and “our”, “BZMEET”. All these terms refer to“BZMEET.COM.
“User”. This term again is defined as any person who registers on the Site or a person who visits an internal BZMEET.COM page, accesses, or uses the BZMEET.COM Site for whatever purpose, regardless of whether the said User has registered on BZMEET.COM as a registered account User or whether the User is a paying customer for any BZMEET services. In addition a User is defined and includes any person, entity, business, or company using the BZMEET.COM Site which may be represented by any entity, business or company person accessing any pages of the BZMEET.COM Site.
YOUR AGREED REQUIREMENTS:
Any Payment due to BZMEET.COM by you as User:
If you purchase any services that BZMEET.COM offers for a fee, either on a one-time or periodic basis (“BZMEET Services”), you agree to BZMEET.COM storing your payment method including but not limited to any card information and taking payment as the fee becomes due. You also agree to pay the applicable fees for the BZMEET Services including, without limitation, periodic fees for any accounts as they become due plus all related taxes, and to reimburse BZMEET.COM for all collection costs and reasonable interest for any overdue amounts. Your obligation to pay fees continues through the date you cancel your subscription to the BZMEET Services. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. You may cancel your BZMEET Services according to BZMEET.COM policies. You also acknowledge that BZMEET Services are subject to this Agreement and any additional terms related to the provision of the same BZMEET Service.
RESTRICTIONS OF USE:
NOTE: CONCERNING ANY AND ALL USERS WHO POST INFORMATION ON ANY PORTION OF THE BZMEET.COM SITE.
Any and all additional information you provide, add or place on the BZMEET.COM web pages, your Use or any Content you use, you agree not to do any of the following:
MISUSE OF BZMEET.COM AND BZMEET SERVICES:
BZMEET.COM may restrict, suspend or terminate the account of any User who abuses and/or misuses the BZMEET.COM Web Site. Misuse of the BZMEET Services includes:
a) inviting other Users with whom you do not know to restrict their activities on BZMEET.COM;
b) abusing the BZMEET.COM chatting, messaging, email or other BZMEET.COM communication services;
c) creating multiple or false profiles; using the Services commercially without BZMEET.COM’s authorization;
d) infringing upon any intellectual property rights, or any other behavior that BZMEET.COM, in its sole discretion, deems contrary to the BZMEET.COM purpose.
In addition, and without limiting the foregoing, BZMEET.COM has adopted a policy of terminating accounts of Users who, in BZMEET.COM’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
EXPORT CONTROL AND RESTRICTED RIGHTS:
You as User agree to abide by your use of BZMEET.COM and BZMEET Services, including BZMEET downloads or BZMEET software, as subject to all United States (US) export and re-export control laws and regulations, including the Export Administration Regulations as maintained by the US Department of Commerce and sanctions programs maintained by the US Treasury Department's Office of Foreign Assets Control. You shall not either directly or indirectly sell, export, re-export, transfer, divert, or otherwise dispose of any BZMEET.COM downloads, BZMEET developed software or BZMEET Service to any other end-user without obtaining the required written authorizations from the appropriate US governmental authorities. You as User also warrant that you are not prohibited from receiving US origin products, including US services, downloads, applications or other software.
As User you accept that the BZMEET Services, applications, software, downloads and other BZMEET.COM documentation available on the BZMEET.COM Site are deemed and considered by you as User "commercial items," as that term is defined in US regulation, 48 C.F.R. 2.101 (version Oct. 1995), consisting of "commercial computer software" and the related documentation, as such terms are used in US law 48 C.F.R. 12.212 (as written Sept. 1995). This is considered consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 ( as written June 1995), all end users shall acquire the same BZMEET.COM applications, downloads, software and/or BZMEET.COM content with only these rights as they are stated and set forth herein. You as User fully agree to comply with all U.S. laws, regulations and requirements applicable to the export of U.S. origin products and technology no matter which country or place you reside or access any portion the BZMEET.COM Site.
You as User agree to abide and be bound by all applicable laws and this entire Agreement: You as User agree and must comply with all applicable laws of this Agreement, as may be amended from time to time by BZMEET.COM with or without advance notice, and according to the terms and conditions of BZMEET.COM.
YOU AS USER AGREE FURTHER TO THE FOLLOWING;
USER SIGN-IN PASSWORD:
You agree to:
a) Keep your password confidential and accept your sole responsibility to keep this same password secure away from all others;
b) NOT use other Users’ accounts including but not limited to selling, linking in providing access to, or otherwise transferring your BZMEET.COM account to another party;
c) NOT permit any other(s) to use your account; and
d) NOT charge anyone for access to any portion of BZMEET.COM, or any information therein.
Further, as User you fully accept you are fully responsible for anything that occurs or happens through your account until you stop and close down your account, or you as User prove to BZMEET.COM’s satisfaction that your account was altered, adversely changed or compromised due to no fault of your own.
To stop or close your account, please visit BZMEET.COM’s Customer Service.
YOU ACCEPT RESPONSIBILITY TO NOTIFY BZMEET.COM OF ANY USER ACTS CONTRARY TO THIS AGREEMENT:
If you as User believe that you are entitled or obligated to act in any way contrary to this Agreement under any required law, you agree to provide BZMEET.COM with a detailed explanation of your reasons in writing at least thirty (30) days before you as User act contrary to this Agreement, to allow BZMEET.COM to assess and determine whether BZMEET.COM may, at BZMEET.COM’s sole determination, provide an alternative acceptable fix for the situation, though you as User accept that BZMEET.COM is under no obligation to do so.
BZMEET USER SERVICE ELIGIBILITY:
To be eligible to use BZMEET.COM and the BZMEET Service, you as User must meet the following eligibility statements and represent and warrant that you:
1) are at least Eighteen (18) years of age or older or have the written permission of a legal guardian and you have been approved for use by BZMEET.COM in writing;
2) have full right, power and authority to enter into this Agreement of your own free will and doing so will not violate any other agreement to which you are a party;
3) are not restricted at any time from the BZMEET Services, have not received a BZMEET.COM written exception or you as User are not otherwise prohibited from having a BZMEET.COM account;
4) are not considered by BZMEET.COM a person, business or entity which competes for BZMEET.COM market share or Users of BZMEET.COM and/or are not using the BZMEET Services for any reason that are considered by BZMEET.COM to be in competition with BZMEET.COM;
5) each person will only maintain one BZMEET.COM account per person registering in at any given time in BZMEET.COM;
6) will not breach or violate any rights of BZMEET.COM, including BZMEET.COM intellectual property rights, copy any BZMEET Services on any other device for any other than for BZMEET.COM exclusive use including but not limited to any USA or other copyright or trademark rights; and
7) agree to locate or use at your cost all equipment, software, and internet access necessary to use the BZMEET.COM and BZMEET Services.
YOU AS USER AGREE TO INDEMNIFY AND HOLD BZMEET.COM HARMLESS ACCORDING TO THE FOLLOWING:
You as User indemnify BZMEET.COM and those who work for BZMEET.COM as “us” and hold us harmless for all damages, losses and costs including, but not limited to, reasonable attorneys’ fees and costs related to any and all third party claims, charges, and investigations, caused by:
a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,
b) any Content you submit to the BZMEET Services, and
c) any activity in which you engage on or through BZMEET.COM.
RIGHT TO REGULATE & LAW COMPLIANCE:
You as User acknowledge that BZMEET.COM has the full right, but no obligation, to monitor the BZMEET.COM Site and to disclose any Information necessary to operate the Site, to protect BZMEET.COM, any 0thers, and BZMEET.COM's Users, and to comply with legal obligations or governmental requests. BZMEET.COM reserves the right to refuse to post or to remove any and all Information on the Site, in whole or in part, for any reason.
You as User agree to comply with all governmental laws, statutes, ordinances, and regulations including unfair competition, anti-discrimination or false advertising regarding your BZMEET.COM Site Use.
BZMEET.COM NOTIFICATIONS AND MESSAGES:
With regard to BZMEET.COM notices and messages about the BZMEET Services to you as User, any BZMEET.COM notice shall consist of a posted message on BZMEET.COM, or an email from BZMEET.COM to an email address as associated with your User account or any other written means provided to you as User, even if BZMEET.COM may have other contact information.
Further you as User also agree that BZMEET.COM may communicate with you through your BZMEET.COM account or through other means including text, cell phone or smart phone number call or communication, telephone, or another delivery method including mail through the US Postal Service about your BZMEET.COM account or BZMEET Service. You as User fully agree and acknowledge that BZMEET.COM shall have no liability which results from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information from BZMEET.COM or about the BZMEET Service.
BZMEET SERVICES AVAILABILITY:
For as long as BZMEET.COM continues to offer BZMEET Services, BZMEET.COM shall seek to inform, update, improve and expand the same BZMEET Services. There may be as a result some interference, interruptions or changes that hinder or do not allow access to any or all of BZMEET.COM or BZMEET Services. Further BZMEET.COM may alter, change, replace, refuse access to, suspend or discontinue BZMEET Services partially or entirely, including but not limited to change and modify prices for all or part of the same Services according to BZMEET.COM’s determination. BZMEET.COM reserves the right to any or all of these changes to be effective upon BZMEET.COM posting on the Site or by direct communication to you as User. BZMEET.COM further reserves the right to withhold, remove and or discard any content available as part of your User account, with or without notice if deemed by BZMEET.COM to be contrary to this Agreement.
STORAGE OF USER INFORMATION:
TO REMOVE ANY DOUBT OR QUESTION TO YOU AS USER, BZMEET.COM HAS NO OBLIGATION TO STORE, MAINTAIN OR PROVIDE YOU A COPY OF ANY USER CONTENT THAT YOU OR OTHER USERS PROVIDE WHEN USING THE BZMEET.COM SITE OR BZMEET SERVICES.
ANY USER-TO-USER COMMUNICATION AND USER SHARING:
BZMEET.COM offers different sharing or communication means such as individual or group Chatting, BZMEET Groups, Bmail, Send files or where you can post your comments or other communication on any discussion topic. BZMEET.COM also provides sharing of information by allowing users to post updates, including but not limited to provide BZMEET Page One custom pages and custom links for the User, to news articles and other information to the User’s individual or company home page or any other BZMEET.COM page.
You need to know that any communication you post and/or information you share may be seen and used by other Users, and BZMEET.COM therefore cannot ensure or guarantee that other Users will not use the communication including any information that you share on BZMEET.COM.
BE IT KNOWN TO YOU AS USER: BZMEET.COM IS NOT RESPONSIBLE FOR ANY PERSON OR ANY USER’S MISUSE OR CONSIDERED WRONGFUL POSTING OR TRANSFER OF ANY CONTENT, PICTURE, VIDEO OR GRAPHIC MATERIAL OR OTHER INFORMATION YOU AS USER POST ON ANY BZMEET.COM PAGE INCLUDING BUT NOT LIMITED TO ANY BZMEET BLOG, OR ANY BZMEET SERVICE COMMUNICATION.
THEREFORE, IF YOU HAVE ANY SPECIFIC COMMUNICATION, IDEA OR INFORMATION THAT YOU INTEND TO KEEP CONFIDENTIAL AND/OR YOU AS USER DO NOT WANT: OTHERS TO KNOW ABOUT OR HAVE ACCESS TO OR USE; DO NOT POST IT FOR ANY PERSON OR ENTITY’S ACCESS ANYWHERE ON BZMEET.COM. YOU AS USER ARE RESPONSIBLE FOR ANY MATERIAL THAT IS SUBJECT TO THIRD PARTY RIGHTS THAT MAY BE INFRINGED BY YOU AS USER IN SHARING THIS SAME INFORMATION, PICTURE, VIDEO OR GRAPHIC MATERIAL FOR ANOTHER TO VIEW AND/OR USE.
USER PRIVACY CONSIDERATIONS:
Any license and warranty for your submissions to BZMEET.COM. You own the information or content you provide on BZMEET.COM under this Agreement, and may request its deletion at any time. Be it known that BZMEET.COM may not be able to delete information or content where you as User have shared information or content with others. These others may not have deleted this information or content, or maybe it was copied or stored by other users. All files or attachments that you send via email you admit you have right to store, transmit or send this information. You agree and attest that any proprietary or Company information belongs to the sender and you hold harmless BZMEET.COM for the sending of this information.
Note: Under the condition that you comply with all your conditions or obligations under this Agreement, BZMEET.COM grants you a limited, non-assignable, non-exclusive, right to access, through a generally available web browser or smart phone, computer device or application. This condition is considered revocable as BZMEET.COM determines, if a BZMEET.COM right has been breached or violated according to BZMEET Terms and Conditions. This shall include but is not limited to where BZMEET.COM deemed the User has allowed crawling, multiple transfers or links, scraping, spidering, or other technology deemed harmful and used to access BZMEET.COM data without the express written consent of BZMEET.COM.
BZMEET.COM RIGHTS AND COMMITMENTS:
Additionally, unless agreed to otherwise by BZMEET.COM in writing previously or otherwise, you grant BZMEET.COM a worldwide assignable nonexclusive, irrevocable, perpetual, unlimited, fully paid and royalty-free right for BZMEET.COM to analyze, copy, commercialize, distribute, prepare in part works of, improve, publish, remove, retain, process, use, sell or transfer in any way now known or in the future discovered, any information or content you as User provide, directly or indirectly to post on BZMEET.COM, including but not limited to any user generated content, photos, videos, concepts, ideas techniques or data to the services, you submit to BZMEET.COM, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk as User of loss as noted in this Agreement.
By providing information to BZMEET.COM, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your BZMEET profile information accurate and updated.
Further, any other use of BZMEET.COM contrary to the mission and purpose of BZMEET.COM such as seeking to connect to someone you as User do not know or trust, or to use information gathered from BZMEET.COM unless expressly authorized by BZMEET.COM is strictly prohibited and a violation of this Agreement. BZMEET.COM reserves all rights not expressly granted in this Agreement, including, without BZMEET.COM’s limitation, title, ownership, intellectual property rights, and all other rights and interest in the BZMEET.COM Site and any related BZMEET Services or portions of BZMEET.COM thereof.
USER INFORMATION DISCLOSURE:
Be it known that you as User further agree, understand, know that BZMEET.COM may access, disclosure or storage of your registration and any other User information you provide if required to do so by law or in a BZMEET.COM determined good faith belief that such access and disclosure is reasonably necessary in BZMEET.COM’s opinion to:
a) enforce this same Agreement;
b) respond to legal actions, including but not limited to subpoenas both civil and criminal, court orders or other legal required disclosures;
c) respond to the claims of the rights of third parties, whether or not the third party is a User, individual, entity or governmental person or agency;
d) as deemed by BZMEET.COM to protect the rights or safety of BZMEET.COM Users or the public’s interest.
ANY THIRD PARTY INFORMATION:
BE it known to you as User that BZMEET.COM may provide links to any third party web sites (TPS) on BZMEET.COM and www.BZMEET.COM. BZMEET.COM also may allow developers to make applications that provide functions and/or features using BZMEET.COM data and developer tools as may be made available by BZMEET.COM.
FURTHER BZMEET.COM IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE OR AUTHORIZE ANY ADVERTISING, CONTENT, PRODUCTS, SERVICES OR OTHER THIRD PARTY SITES (TPS) MATERIALS AS MADE AVAILABLE FROM THE TPS. BE IT KNOWN THAT BZMEET.COM ALSO DOES NOT REVIEW, ANALIZE OR APPROVE ANY TPS APPLICATIONS.
THEREFORE, BE IT KNOWN TO YOU AS USER THAT IF YOU DECIDE TO ACCESS TPS OR USE TPS APPLICATIONS, YOU AS USER DO SO AT YOUR OWN RISK AND AGREE THAT YOUR USE OF ANY TPS APPLICATION IS ON AN “AS-IS” BASIS WITHOUT ANY WARRANTY AS TO THE TPS DEVELOPER’S ACTIONS, AND THAT THIS AGREEMENT DOES NOT APPLY TO YOUR USE OR HARM FROM THE USE OF ANY THIRD PARTY SITE OR DEVELOPER APPLICATION.
USER CONNECTIONS AND COMMUNICATION WITH OTHER USERS:
You as User are solely responsible for your communication with other Users. BZMEET.COM may limit the number of connections you may have to other Users and may, in some circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. BZMEET.COM reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if BZMEET determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
DISCLAIMER OF WARRANTY, BZMEET.COM AND ALL THIRD PARTY SERVICES OR OTHERS MAKE NO REPRESENTATION ABOUT THE USER CONSIDERED OR DETERMINED ACCEPTABILITY OF THE CONTENT ON THE BZMEET.COM SITE. THIS BZMEET.COM SITE, AND ACCESS TO ANY TRANSFER TO ANY OTHER SITE, IS PROVIDED TO YOU BY ALL CONTENT OR TPS PROVIDERS "AS IS" AND "AS AVAILABLE", WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF ACCEPTABLE CONTENT, FITNESS, MERCHANTABILITY, TO THE USER FOR ANY REASON, PURPOSE, ACCURACY, AND DEEMED NON-INFRINGEMENT. YOU AS USER HEREBY DISCLAIM UNDUE USE AND WARRANTIES BY BZMEET.COM RELATING TO YOUR SITE USE AS A USER OR MEMBER.
YOU AS USER ACKNOWLEDGE AND ACCEPT THAT YOUR ACCESS TO THE SITE WILL NOT BE FREE FROM INTERRUPTIONS, THAT THE INFORMATION HEREIN MAY CONTAIN POTENTIAL COMPUTER ISSUES, ERRORS, TECHNICAL INACCURACIES, TRANSLATION PROBLEMS OR OTHER PROBLEMS AND LIMITATIONS, AND THAT THE BZMEET.COM SITE MAY BE UNAVAILABLE AT TIMES OR FOR SOMETIME. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR SITE USE AND SITE-RELATED BZMEET SERVICES.
NOTE: DO NOT RELY ON BZMEET.COM, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR BZMEET.COM AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BZMEET.COM DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
BZMEET.COM TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DISCLAIMS ANY AND ALL IMPLIED REPRESENTATIONS AND WARRANTIES, INCLUDING WITHOUT LIMIT TO ANY WARRANTIES OF ANY COMPANY OR ENTITY, INCLUDING BZMEET.COM FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BZMEET.COM OR ANYTHING RELATED TO BZMEET.COM, YOU AS USER MAY CLOSE YOUR BZMEET.COM ACCOUNT TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH “BZMEET.COM TERMINATION POLICY AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
NOTE: BZMEET.COM IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SUCH AS BMAILS, CHATTING, TRANSLATION ACCURACY, ANSWERS, POSTING OF NOTICES OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT SENT THROUGH BZMEET.COM TO ANYONE ELSE.
IN ADDITION, BZMEET.COM NEITHER WARRANTS NOR REPRESENTS THAT YOUR USE OF BZMEETNET OR BZMEET SERVICE WILL NOT INFRINGE ON THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE BZMEET.COM WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO BZMEET.COM OR BZMEET SERVICES, OR WHER THE BZMEET TECHNOLOGY MAY BE ALTERED, CHANGED OR STOPPED AT ANY TIME.
FURTHER NOTE: BZMEET.COM DOES NOT HAVE ANY OBLIGATION UNDER THIS AGREEMENT TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO BZMEET SERVICES, NOR DOES IT HAVE ANY REQUIRED OBLIGATION TO MONITOR THE USE OF BZMEET SERVICES BY OTHER USERS OF BZMEET.COM. THEREFORE, BZMEET.COM DISCLAIMS ALL LIABILITY FOR THE HARM FROM IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR USER INFORMATION BY ANY OTHER USER OR THIRD PARTY.
BZMEET.COM DOES NOT GUARANTEE THAT THE BZMEET SERVICES WHICH ARE PROVIDED WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE BZMEET SERVICES MAY BE INTERRUPTED DUE TO CHANGES, MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BZMEET.COM DISCLAIMS ALL LIABILITY FOR ANY DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. THEREFORE, BZMEET.COM DISCLAIMS ALL LIABILITY FOR ANY ERRORS, FUNCTIONAL LOSS, IMPOSSIBILITY OF ACCESS, OR DELAYED, POOR OR INCOMPLETE USE CONDITIONS OF THE BZMEET.COM SITE DUE TO ANY BROWSER ISSUES, EQUIPMENT ERRORS, EQUIPMENT MALFUNCTION, SERVER ISSUES, AND DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO ANY PROBLEMS OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
NOTE: SOME COUNTRIES DO NOT ALLOW IN PART SOME OR MORE STATED LIMITATIONS OR EXCLUSIONS OF LIABILITY IN CONTRACTS WITH CONSUMERS AS USERS AND AS A RESULT THE CONTENTS OF SOME OF THIS SECTION MAY NOT APPLY TO YOU.
BZMEET.COM LIMITATION OF LIABILITY:
NOTE: YOU AS USER AGREE TO FULLY ACCEPT LAWS OF THE UNITED STATES AS GOVERNING LAWS AS DESCRIBED HEREIN AS THE FINAL AUTHORITAVE LAW OF THIS AGREEMENT.
NEITHER BZMEET.COM NOR ANY OF OUR SUBSIDIARIES, AFFILIATED COMPANIES, EMPLOYEES, DIRECTORS, OFFICERS SHAREHOLDERS, OR BZMEET.COM AFFILIATES SHALL BE LIABLE FOR:
1) ANY DIRECT DAMAGES IN EXCESS OF SIX TIMES THE MOST RECENT MONTHLY FEE THAT YOU PAID FOR A BZMEET SERVICE, IF ANY, OR US $120, WHICHEVER AMOUNT IS GREATER; OR,
2) ANY CONSEQUENTIAL INCIDENTAL, INDIRECT, OR PUNITIVE DAMAGE(S) OR LOSS OF USE FOR YOU AS USER, PROFIT, REVENUE OR DATA TO YOU OR ANY THIRD PERSON ARISING FROM YOUR USE OF THE BZMEET SERVICE, ANY APPLICATIONS, DOWNLOADS, SOFTWARE OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM BZMEET.COM.
BZMEET.COM LIMITATION OF LIABILITY SHALL:
Apply to you as User regardless of whether
a) BZMEET.COM knew or should have known about the possibility of such damages for any damage,
b) you base your claim on contract, tort, statute or any other legal statement or law;
c) the limited remedies provided in this section fail for any reason; and
shall not apply to any damage or punitive impact that BZMEET.COM may cause you as User or any entity you are associated with you as User intentionally or knowingly in violation of this Agreement or applicable law in another jurisdiction, or as otherwise mandated by applicable law that cannot be determined as specified from this Agreement.
Not apply if you have entered into a separate agreement to purchase BZMEET Services with a separate Limitation of Liability provision that supersedes this section in relation to those BZMEET Services.
ANY AND ALL TERMINATION(S):
BY BZMEET.COM OR BY YOU AS USER:
YOU AS USER MAY TERMINATE THIS AGREEMENT, FOR ANY OR NO REASON, AT ANY TIME, WITH NOTICE TO BZMEET.COM. THIS NOTICE WILL BE EFFECTIVE UPON BZMEET.COM PROCESSING YOUR NOTICE. BZMEET.COM MAY TERMINATE THE AGREEMENT FOR ANY REASON OR NO REASON, AT ANY TIME, WITH OR WITHOUT NOTICE. THIS CANCELLATION SHALL BE EFFECTIVE IMMEDIATELY OR AS MAY BE SPECIFIED IN THE NOTICE. FOR AVOIDANCE OF DOUBT, ONLY BZMEET.COM OR THE PARTY PAYING FOR THE SERVICES MAY TERMINATE YOUR ACCESS TO ANY BZMEET SERVICES. TERMINATION OF YOUR BZMEET.COM ACCOUNT INCLUDES DISABLING YOUR ACCESS TO BZMEET.COM AND MAY ALSO BAR YOU FROM ANY FUTURE USE OF BZMEET.COM.
NOTE: EFFECT OF TERMINATION:
Upon the termination of your BZMEET.COM account, you as User lose access to the BZMEET Services. In addition, BZMEET.COM may block access to the BZMEET Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except for “Your User Rights” and “BZMEET.COM Rights and Obligations” as stated herein.
WYOMING LAW AND ARBITRATION:
BZMEET.COM CHOICE OF LAW:
Except for any User or BZMEET.COM Disputes relating to intellectual property rights, obligations or any infringement claims, any disputes with BZMEET.COM arising out of or relating to the Agreement any “Disputes” shall be governed by Wyoming law regardless of your country of origin or where you access BZMEET.COM, and notwithstanding of any conflicts of law you agree the Wyoming and US law shall prevail.
AGREEMENT TO ARBITRATE AND PAY ATTORNEYS’ FEES:
ANY DISPUTES SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION UNDER THE RULES AND AUSPICES OF THE UNITED STATES BEING THE AMERICAN ARBITRATION ASSOCIATION (AAA), TO BE HELD IN WYOMING, IN ENGLISH, WITH A WRITTEN DECISION STATING AND LEGAL REASONING ISSUED BY THE ARBITRATOR(S) AT EITHER PARTY’S REQUEST, AND WITH ARBITRATION COSTS AND REASONABLE DOCUMENTED ATTORNEYS’ COSTS OF BOTH PARTIES TO BE BORNE BY THE PARTY THAT ULTIMATELY LOSES.
NOTICES AND SERVICE OF PROCESS:
In addition to “Notices and Service Messages”, BZMEET.COM may notify you via postings on www.BZMEET.COM.
You may contact BZMEET.COM at:
at the www.BZMEET.COM web address.
ANY COMPLAINTS REGARDING CONTENT POSTED ON THE BZMEET.COM WEBSITE OR THROUGH BZMEET SERVICES:
To promote these objectives, BZMEET.COM provides a process for submission of complaints concerning content posted by our Users through “Contact Us” and submitting the complaint in writing to BZMEET.COM.
BZMEET.COM additionally respects the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of any third parties.
BZMEET.COM AMENDMENTS TO THIS AGREEMENT:
BZMEET.COM reserves the right to add, change, modify, or replace the terms of the Agreement, effective upon posting at www.BZMEET.COM or notifying you as User otherwise. If you do not want to agree to changes to the Agreement, you as User can terminate the Agreement at any time as specified in the above respective description.
NO INFORMAL WAIVERS, AGREEMENTS OR REPRESENTATIONS:
BZMEET.COM’s failure to act with respect to a breach of this Agreement by you as User or others Users does not waive BZMEET.COM’s right to act with respect to that initial breach or thereafter similar or other breaches. Except as expressly and specifically stated by the Agreement, there are no representations, statements, consents, waivers or other acts or omissions by any BZMEET affiliate which shall be considered legally binding on any BZMEET affiliate, or a BZMEET.COM associated person unless documented in writing as signed by a duly appointed officer of BZMEET.COM.
NO INJUNCTIVE RELIEF:
Be it known to you as User that in no event or action shall you as User seek or be entitled to rescission, injunctive or other equitable legal relief, or to enjoin or restrain the operation of the BZMEET Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the BZMEET Services or any content or other material used or displayed through the BZMEET Services.
Associated entities other than BZMEET.COM, where BZMEET.COM owns one half or greater interest in the “Affiliate” are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you as a User.
ASSIGNMENT AND DELEGATION:
You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment and delegation shall be ineffective.
BZMEET.COM may freely assign or delegate all legal rights, commitments and/or obligations under the Agreement, fully or partially without notice to you as User. BZMEET.COM may also substitute, by way of legal assignment, effective upon notice to you as User, BZMEET.COM for any third party action that assumes BZMEET.COM rights, commitments and/or obligations under this Agreement.
BZMEET.COM ASSISTANCE AND PROMOTION:
BZMEET.COM was established to assist businesses, entities and professionals to help you as a User be a more successful professional, business, or entity, and to help all the same who use or access BZMEET.COM succeed. To achieving this purpose, BZMEET.COM encourages our Users to share truthful and accurate information.
YOU AS USER AGREE TO FULLY FOLLOW, ABIDE AND COMPLY WITH THE BZMEET.COM COPYRIGHT POLICY AND PROCEDURES, WHICH ARE TO BE FOUND AT THE “COPYRIGHT POLICY” ON THE BZMEET.COM WEB SITE. FURTHER, YOU AS USER SHALL NOT BREACH OR VIOLATE ANY BZMEET.COM COPYRIGHT POLICY OR PROCEDURE.
YOU AGREE THAT THIS AGREEMENT AS STATED HEREIN CONSTITUTES THE ENTIRE, COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN YOU AS USER AND BZMEET.COM WITH REGARD TO BZMEET SERVICES AND BZMEET.COM, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. YOU AS USER ALSO MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS THAT MAY APPLY WHEN YOU USE IN ANY MANNER OR PURCHASE ANY OTHER BZMEET SERVICES, THIRD-PARTY CONTENT OR THIRD PARTY APPLICATIONS, DOWNLOADS OR SOFTWARE.
BZMEET.COM May 18, 2011.