Bizbrain Technologies takes its relationship with its users very seriously and works within
(“Agreement”) sets forth the relevant legal obligations, defines our
responsibilities to our users, and outlines the methods with which we handle any fraudulent or
illicit activity on Bizbrain Technologies.
- This Bizbrain Technologies User Agreement constitutes a legally binding agreement
between you (the end user) and Bizbraintech.com (the “Site”). The
parties are further defined below. It is essential that you read and understand these
terms and conditions. PLEASE READ AND PRINT THIS AGREEMENT IN ITS ENTIRETY BEFORE
ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF
THESE TERMS AND CONDITIONS YOU MUST ABSTAIN FROM USING ANY SERVICES IN CONNECTION WITH
- You may be required from time to time to indicate your acceptance of this Agreement by
marking a checkbox or other method; however, by accessing Bizbraintech.com or using any of
the various services offered by Bizbrain Technologies and/or through Bizbraintech.com (the
“Services”), you are confirming your understanding and acceptance of the
terms and conditions contained in this Agreement and as modified or changed from time to
time in accordance with this Agreement. This Agreement is deemed accepted and signed
by virtue of the use of Bizbraintech.com by you, or by your use of any of the Services.
- Should you have any questions regarding the interpretation of this Agreement, you should
seek independent legal advice. It is important that you read these terms and
conditions carefully before accepting this Agreement. You are encouraged to print, copy, or
otherwise save this Agreement in its entirety and store it along with all confirmation
emails, any additional terms, transaction data, and all other policies, procedures,
regulations incorporated herein by reference and any and all modifications prior to
accepting its terms and conditions. The terms and conditions contained herein
represent the complete and final Agreement between you and Bizbrain
Technologies and supersede any and all prior agreements, representations, or statements
made by you or Bizbrain Technologies.
- The obligations contained in this Agreement are those of Bizbrain Technologies and do
not extend to its agents, employees, customer service representatives, merchants, vendors,
contractors, managers, owner(s), attorneys, staff, affiliates, affiliated corporations, or
entities. Any, some, or all of the rights, terms and conditions contained in this
Agreement are assignable by Bizbrain Technologies from time to time in its
discretion. Upon any such assignment, you agree that any, some, or all rights,
liabilities, conditions and terms associated with this Agreement will be transferred to such
assignee(s), thereby releasing Bizbrain Technologies of some or all obligations
and liabilities associated with being a party to this Agreement. If all rights, obligations,
and responsibilities are assigned by Bizbrain Technologies, the assignee and you will
continue as the only parties to this Agreement. You agree that you shall be
responsible for any and all fees and costs of collections and/or enforcement actions taken
pursuant to this Agreement and with respect to any rights assigned pursuant to this
Agreement. “You” includes the individual end-user and, if applicable, your
heirs, estate, issue, and spouse. Notwithstanding the foregoing, the obligations
of Bizbrain Technologies under this Agreement extend to the end-user alone and do
not extend to your heirs, estate, issue, or spouse.
- Bizbrain Technologies reserves the right to modify and amend this Agreement at any time with
or without notice to you. Such amendments will become effective immediately upon being
posted by Bizbrain Technologies. It is your sole responsibility to review this
Agreement and amendments made from time to time. Any such amendments to this Agreement
will supersede the prior Agreement(s) unless otherwise expressly indicated in such
- Although this Agreement represents the primary terms and conditions of service for the Site,
additional guidelines and rules are hereby incorporated by reference. The document(s) which
can be found on the Site, and which are specifically incorporated by reference, and are
Explanation of Access to Services
- Subject to the terms and conditions contained herein, Bizbrain Technologies grants you
a non-exclusive, personal, non-transferable, and non-sub-licensable right to access and use
the Site only to access Bizbraintech.com and use the Services offered.
- All other material used in any media, correspondence, production, or demonstration
by Bizbrain Technologies including but not limited to the software, images, graphics,
photographs, animations, videos, music, audio, advertisements, text, and all related
intellectual property rights are owned by Bizbrain Technologies and/or its
affiliated companies, licensors, parent companies, and its related companies and associated
groups. You have no rights in or to any such material. All proprietary rights are
Restrictions and Regulations Governing Use of the Services
- Under no circumstance shall you modify, adapt, translate, reverse-engineer, decompile,
disassemble, or otherwise attempt to discover the source code of the Bizbrain
Technologies website or any part thereof or to create, publish, or distribute
derivative works based upon the website. You may not attempt to gain access to the
Bizbrain Technologies website in any unauthorized or malicious manner. Without
limitation, if Bizbrain Technologies deems you to be in breach of this provision or
conceiving and conspiring to breach this provision, this Agreement may be terminated
and/or Bizbrain Technologies may take any of the other actions or remedies set
forth in this Agreement.
- If Bizbrain Technologies deems that you have engaged in fraudulent, unlawful,
dishonest, or improper activity while using the Bizbrain Technologies website or
Services, including but not limited to any of the activities described above or any other
fraudulent activity including but not limited to, any activity that gives reason to suspect
suspicious or criminal activity, this Agreement may be terminated and/or Bizbrain
Technologies may take any of the other actions or remedies set forth in this Agreement.
Without limitation, Bizbrain Technologies reserves the right to disclose recorded
data or communications to the relevant authorities if and when required by applicable law.
THE SERVICES ARE PROVIDED TO YOU BY BIZBRAIN TECHNOLOGIES “AS IS” WITHOUT
ANY WARRANTY OF ANY NATURE. IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPLETENESS, ACCURACY, OR NON-INFRINGEMENT
ARE HEREBY DISCLAIMED. The risk arising out of the use of the Services remains with
you. Bizbrain Technologies disclaims all warranties of any kind including but not
limited to, express or implied, and warranties for completeness or accuracy. You
acknowledge that we do not guarantee continuous, uninterrupted, or secure access to this Site
and numerous factors or circumstances outside of our control may interfere with or adversely
affect our operation of this Site. Nor do we guarantee that you will be able to access or
use all parts of this Site. You understand that we will have no liability to you for any
inaccessibility. We may suspend access to this Site temporarily and without notice for
system failure, maintenance, repair, or reasons beyond our control. We reserve the right
to modify or discontinue this Site with or without notice to you. We will not be liable to
you or any third-party if we exercise our right to modify or discontinue the Site. We may
immediately suspend, terminate, or block your access to this Site if we reasonably believe that
you have violated this Agreement.
Limitation of Liability
- In no event shall Bizbrain Technologies, its officers, directors, employees, or agents, be
liable to you for any direct, indirect, incidental, special, punitive, or consequential
damages whatsoever resulting from any: errors, mistakes, or inaccuracies of content;
personal injury or property damage, of any nature whatsoever, resulting from your access to
and use of our Services; unauthorized access to or use of our secure servers and/or any and
all personal information and/or financial information stored therein; interruption or
cessation of transmission to or from our Services; bugs, viruses, Trojan horses, or the
like, which may be transmitted to or through our Services by any third-party; errors or
omissions in any content or for any loss or damage of any kind incurred as a result of your
use of any content posted, transmitted, or otherwise made available via the Services,
whether based on warranty, contract, tort, or any other legal theory, and whether or not
Bizbrain Technologies is advised of the possibility of such damages.
- The foregoing limitation of liability shall apply to the fullest extent permitted by law in
the applicable jurisdiction. Bizbrain Technologies makes no representations that the
Services are appropriate or available for use in other locations. Those who access or
use the Services from other jurisdictions do so at their own volition and are responsible
for compliance with local law.
- You further acknowledge that under no circumstances shall Bizbrain Technologies be liable
for any use or misuse of its Services, including but not limited to claims related to breach
of contract, tort, intentional interference with contractual or advantageous business
relationships, data breach, identity or password theft, fraud, misrepresentation, deceptive
trade practices, libel, slander, harassment, cyber-bullying, spam, false advertising,
cheating, or any other claim regardless of legal theory or label.
In an effort to keep users fully informed, Bizbrain Technologies may send out communications
by way of email and newsletters. You agree and acknowledge that you have the right to opt
out of receiving such communications from Bizbrain Technologies. You also agree to
maintain an up-to-date email address for receiving such communications, and acknowledge your
responsibility to frequently review such communications and remain up to date on all
correspondence from Bizbrain Technologies. Communications may include, but are not
limited to, information relevant to any updates or changes that may occur, information about new
features and security, promotional communications, and any other communications relevant to you
about Bizbrain Technologies. You should assume that all correspondence between yourself
and the staff of Bizbrain Technologies will be recorded and may be used to improve
customer service or as evidence in a dispute.
You are Responsible for Your Connection to Bizbrain Technologies
You are solely responsible for your telecommunications networks, hardware, and Internet access
services that allow you to connect to and use the Services. Bizbrain
Technologies will not be liable or accept any responsibility for damages resulting from a
connectivity issue, including but not limited to issues, errors, failures related to computer
hardware insufficiencies, or failures, network connectivity issues whether they be incidental or
intentional. Bizbrain Technologies shall not be a party to any dispute between
you the user and a telecommunications provider, and in no way do the relationships between any
telecommunications provider and you have any effect on your obligations under this Agreement.
You agree to compensate Bizbrain Technologies in full for any costs or losses including but
not limited to, reasonable legal fees incurred by Bizbrain Technologies in association
with any breach of this Agreement by you. Without limitation, you agree that if you fail
to comply with any of the terms, provisions, or conditions set out in this Agreement, that
action or inaction will result in a material breach and Bizbrain Technologies may take
any action that it deems to be appropriate including but not limited to terminating this
Agreement and/or taking any of the other actions or remedies set forth in this Agreement.
Scope of Disclaimers
The disclaimers, exclusions, and limitations contained in this Agreement apply to the maximum
extent permitted by applicable law, but no more. They are not intended to deprive you of
any mandatory protections provided to you under applicable law. Because some jurisdictions
may prohibit the exclusion or limitation of certain warranties, liability for consequential
damages, or other matters, some or all of the disclaimers, exclusions, or limitations may not
apply to you. It is your responsibility to determine the extent to which the disclaimers,
exclusions, and limitations contained in this Agreement may be applied to you. Please note
that nothing in this Agreement is intended to benefit any particular third-party, and only the
parties hereto shall have standing to enforce any term of this Agreement.
All user data is considered the property of Bizbrain Technologies. You agree, understand
and warrant that the records recorded by Bizbrain Technologies shall govern and
constitute the final authority in determining all of your activity and use connected with
the Bizbrain Technologies Services. Bizbrain Technologies may maintain and
record all data associated with the Services for a reasonable amount of time in accordance with
Bizbrain Technologies’ internal policy and procedures. You agree to
hold Bizbrain Technologies harmless for any loss of data that may occur during the course
- To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless
Bizbrain Technologies, its parent, subsidiary and affiliated corporation(s), their officers,
directors, employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs, debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Services; (ii) your violation of any
part of this Agreement; (iii) your violation of any third-party right, including without
limitation any copyright, property, or privacy right. This defense and indemnification
obligation will survive this Agreement and your use of the Services.
- The provision of any services which are in violation of any laws is strictly prohibited. If
we determine that you or any user has provided or intends to provide any services or
material in violation of any law, your ability to use the Services will be terminated
immediately. We have every right to voluntarily cooperate with law enforcement or
private aggrieved parties that we may be legally compelled to do so. We do hereby
disclaim any liability for damages that may arise from any user providing any material or
services for any purpose that violates any law. You do hereby agree to defend, indemnify and
hold us harmless from any liability that may be imposed on us arising from your violation of
any law – whether online or offline.
- You also agree to defend and indemnify us should any third-party be harmed by your illegal
actions or should we be obligated to defend any claims including, without limitation, any
criminal action brought by any party.
- You agree to defend, indemnify, and hold harmless Bizbrain Technologies, its officers,
directors, shareholders, employees, independent contractors, telecommunication providers,
and agents, from and against any and all claims, actions, loss, liabilities, expenses,
costs, or demands, including without limitation legal and accounting fees, for all damages
directly, indirectly, and/or consequentially resulting or allegedly resulting from your, or
you under another person’s authority including without limitation to governmental
agencies, use, misuse, or inability to use the website, Services, or any of the materials
contained therein, or your breach of any of this Agreement. We shall promptly notify you by
electronic mail of any such claim or suit and cooperate fully (at your expense) in the
defense of such claim or suit. We reserve the right to participate in the defense of
such claim or defense at our own expense, and choose our own legal counsel, but are not
obligated to do so.
Any waiver of any breach of this Agreement by Bizbrain Technologies does not constitute a
waiver of a breach of any other provision of this Agreement nor will it constitute a subsequent
waiver of any breached term of the Agreement.
Third Party Links
- This Site may contain links to other websites operated by other entities that are completely
independent from us. These linked websites are not under our control and we are not
responsible for their contents or links. Including a link on this Site does not imply
our endorsement of any linked website or its contents. You assume the risk of
accessing any third-party site that might be linked to the Site.
- If you access any of these linked websites, you will leave this Site. If you decide to visit
any linked website, you do so at your own risk and are subject to any user agreements or
policies posted on or governing the use or access of such websites. We encourage you
to review the user agreements and policies posted on all linked websites. Regardless,
it is your responsibility to take all protective measures to guard against viruses or other
- We disclaim any liability (direct or indirect) to you for any loss caused by your use or
reliance on the content or services available on or through any linked website. You should
contact the website administrator or webmaster for those third-party websites if you have
any concerns regarding the links, content, or services on those websites.
No Resulting Third-Party Rights
You acknowledge that this Agreement represents the full, true, and complete understanding and
agreement between you and Bizbrain Technologies. In addition, you acknowledge that
this Agreement supersedes any prior agreement, understanding or arrangement between you
and Bizbrain Technologies, and there is nothing in this Agreement that creates or
confers any other benefits or rights in favor of any third parties not party to this Agreement.
Termination of this Agreement
Bizbrain Technologies may terminate this Agreement upon providing notice to you or as otherwise
permitted by this Agreement. You may also terminate this Agreement at any time by
notifying Bizbrain Technologies in writing, provided that you do not have any
outstanding liabilities to Bizbrain Technologies for any reason. This Agreement
shall remain in force and effect for an additional one hundred and eighty (180) days following
the receipt of a written termination notice from you. For the purpose of clarity and
avoidance of any doubt, this Agreement is applicable to all events that have arisen out of or
associated with your use of the Services regardless of whether the Agreement has terminated or
not. Termination may result in termination from all websites (and associated sites from
time to time), that share the network. The rights and remedies located elsewhere in this
Agreement shall not be limited by this section.
In the event that a provision of this Agreement is found by an authority of competent
jurisdiction to be invalid or unenforceable in any jurisdiction, that finding shall not affect
the validity or enforceability in that jurisdiction of any other provision hereof or the
validity or enforceability in other jurisdictions of that or any other provision hereof.
- Any user accessing the Site and/or Services in an effort to engage in or facilitate illegal
or tortious activities may be reported to the appropriate law enforcement agency.
- Nothing contained in this section is intended to limit the scope of releases and/or
indemnification contained elsewhere in this Agreement.
- You hereby discharge, acquit, and otherwise release Bizbrain Technologies, its parent
company, its agents, employees, officers, directors, shareholders, attorneys, and
affiliates, from any and all allegations, counts, charges, debts, causes of action, and
claims relating in any way to the use of, or activities relating to the use of the website
and Services including, but not limited to claims relating to the following: sexual
harassment, negligence, gross negligence, reckless conduct, alienation of affections (to the
extent recognized in any jurisdiction), intentional infliction of emotional distress,
intentional interference with contract or advantageous business relationship, defamation,
privacy, publicity, intellectual property, misrepresentation, any financial loss not due to
the fault of Bizbrain Technologies, missed meetings, unmet expectations, false identities,
fraudulent acts by others, invasion of privacy, release of personal information, failed
transactions, data breach, identity or password theft, spam, purchases or functionality of
Bizbrain Technologies, unavailability of the Services, and any other technical failure that
may result in inaccessibility to the Services, or any claim based on vicarious liability for
torts committed by individuals met on or through Bizbrain Technologies or the Services.
- The above list is intended to be illustrative only, and not exhaustive of the types or
categories of claims released by you. This release is intended by the parties to be
interpreted broadly in favor of us, and thus any ambiguity shall be interpreted in a manner
providing release of the broadest claims. This release is intended to be a full
release of claims, and the parties acknowledge the legally binding nature of this provision,
and the nature of the rights given up in connection therewith.
- The brand name (“Bizbrain Technologies”) is our brand name and/or trademark
owned exclusively by us. All rights are reserved. We aggressively defend our
intellectual property rights.
- Other manufacturers’ product and service names referenced herein may be trademarks and
service marks of their respective companies and are the exclusive property of such
respective owners, and may not be used publicly without the express written consent of the
owners and/or holders of such trademarks and service marks.
- All of the marks, logos, domains, and trademarks that you find during use of the Services
may not be used publicly except with express written permission from us, and may not be used
in any manner that is likely to cause confusion among consumers, or in any manner that
disparages or discredits us.
- The materials accessible from the Site, Services, and any other site owned, operated,
licensed, or controlled by us are our proprietary information and valuable intellectual
property and we retain all right, title, and interest in the materials.
- The materials may not be copied, distributed, republished, modified, uploaded, posted, or
transmitted in any way without our prior written consent, except that you may access a copy
of the materials solely for your personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade name, service mark, or any
other proprietary notice or legend appearing on any of the materials.
- Modification or use of the materials except as expressly provided in this Agreement violates
our intellectual property rights.
- Neither title nor intellectual property rights are transferred to you by access to the
- All materials included on the Site, such as text, graphics, photographs, video and audio
clips, music, soundtracks, button icons, streaming data, animation, images, downloadable
materials, data compilations and software is the property of Bizbrain Technologies or its
content suppliers and is protected by United States and international copyright laws. The
compilation of all materials on the Site is the exclusive property of Bizbrain Technologies
or its content suppliers and protected by United States and international copyright laws, as
well as other laws and regulations.
- You understand and acknowledge that the software elements of the materials on the Site may
be subject to regulation by governmental agencies which prohibit export or diversion of
software and other goods to certain countries and third parties. Diversion of such materials
contrary to United States’ or international law is prohibited.
- You will not assist or participate in any such diversion or other violation of applicable
laws and regulations.
- You warrant that you will not license or otherwise permit anyone not approved to receive
controlled commodities under applicable laws and regulations and that you will abide by such
laws and regulations.
- You agree that none of the materials are being or will be acquired for, shipped,
transferred, or re-exported, directly or indirectly, to proscribed or embargoed countries or
their nationals or be used for proscribed activities.
No Agency Relationship
Nothing in this Agreement shall be deemed to constitute, create, imply, give effect to, or
otherwise recognize a partnership, employment, joint venture, or formal business entity of any
kind; and the rights and obligations of the parties shall be limited to those expressly set
- Any notice required to be given under this Agreement may be provided by email to a
functioning email address of the party to be noticed, by a general posting on the website by
us, or personal delivery by commercial carrier such as Federal Express. Notices by customers
to us shall be given by electronic messages unless otherwise specified in the Agreement.
- Either party may change the address to which notice is to be sent by written notice to the
other party pursuant to this provision of the Agreement.
- Notices shall be deemed effective upon delivery. Notices delivered by overnight
carrier shall be deemed delivered on the business day following mailing. Notices
delivered by any other method shall be deemed given upon receipt. Notices by email and
facsimile transmission, with confirmation from the transmitting machine that the
transmission was completed, shall be deemed received on the next business day. Either
party may, by giving the other party appropriate written notice, change the designated
address, and/or recipient for any notice or courtesy copy, hereunder.
- Any correctly addressed notice that is refused, unclaimed, or undeliverable, because of an
act or omission of the party to be notified shall be deemed effective as of the first date
that said notice was refused or deemed undeliverable by the postal authorities, messenger,
facsimile machine, email server, or overnight delivery service.
We shall not be responsible for any failure to perform due to unforeseen circumstances or to
causes beyond our reasonable control, including but not limited to: acts of God, such as fire,
flood, earthquakes, hurricanes, tropical storms or other natural disasters; epidemics or
pandemics; war, riot, arson, embargoes, acts of civil or military authority, or terrorism; fiber
cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials;
failure of the telecommunications or information services infrastructure; hacking, data security
breach, SPAM, or any failure of a computer, server or software, for so long as such event
continues to delay the website’s or Services’ performance.
- This Agreement and all matters arising out of, or otherwise relating to, this Agreement
shall be governed by the laws of Florida. The sum of this paragraph is that any and all
litigation permitted under this Agreement must be, without exception, initiated in Florida.
- All Parties to this Agreement agree that all litigation permitted under this Agreement shall
be tried and/or litigated exclusively in the courts located in Miami-Dade County, Florida.
- The parties agree to exclusive jurisdiction in, and only in, Florida.
- The parties agree to exclusive venue in, and only in, Miami-Dade, Florida.
- The parties additionally agree that this choice of venue and forum is mandatory and not
permissive in nature, thereby precluding any possibility of litigation between the parties
with respect to, or arising out of, this Agreement in a jurisdiction other than that
specified in this paragraph.
- All parties hereby waive any right to assert objections to venue with respect to any
litigation permitted under this Agreement.
- All parties stipulate that the courts located in Florida shall have personal jurisdiction
over them for the purpose of any litigation permitted under this Agreement that is not
otherwise subject to the arbitration provisions, infra.
- Each party hereby authorizes and accepts service of process sufficient for personal
jurisdiction in any action against it, as contemplated by this paragraph by registered or
certified mail, Federal Express, proof of delivery or return receipt requested, to the
parties address for the giving of notices as set forth in this Agreement.
- Any final judgment rendered against a party in any action or proceeding shall be conclusive
as to the subject of such final judgment and may be enforced in other jurisdictions in any
manner provided by law if such enforcement becomes necessary.
- Both parties acknowledge that remedies at law may be inadequate to provide an aggrieved
party with full compensation in the event of the other party's breach, and that in any
litigation permitted under this Agreement, an aggrieved party shall therefore be entitled to
seek injunctive relief, in addition to seeking all other remedies available at law or in
- A party to this Agreement must bring any claim that party may have against the other party
that arises out of these terms of this Agreement or the Site within one (1) year after the
claim arises. If a party fails to bring any claim that party may have against the other
party within this one (1) year period, the claim is permanently barred.
- If there is a dispute between the parties arising out of or otherwise relating to this
Agreement, the parties shall negotiate in good faith to attempt to resolve the dispute. If
the parties are unable to resolve the dispute through direct negotiations, then, except as
otherwise provided herein, either party must submit the issue to binding arbitration in
accordance with the then-existing Commercial Arbitration Rules of the American Arbitration
Association. Arbitral Claims shall include, but are not limited to, contract and tort
claims of all kinds, and all claims based on any federal, state or local law, statute, or
regulation, excepting only claims by us for intellectual property violations, actions for
injunctions, attachment, garnishment, and other equitable relief. The arbitration
shall be confidential. The arbitration shall be conducted in Miami-Dade, Florida, and
conducted by a single arbitrator, knowledgeable in Internet and e-Commerce disputes.
The Arbitrator shall be willing to execute an oath of neutrality.
- The Arbitrator shall have no authority to award any punitive or exemplary damages; certify a
class action; add any parties; vary or ignore the provisions of this Agreement; and shall be
bound by governing and applicable law. The Arbitrator shall render a written opinion setting
forth all material facts and the basis of his or her decision within thirty (30) days of the
conclusion of the arbitration proceeding. THE PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY
HAVE TO TRIAL BY JURY IN REGARD TO ARBITRAL CLAIMS.
- There shall be no waiver of the right to arbitration unless such waiver is provided
affirmatively and in writing by the waiving party to the other party. There shall be no
implied waiver of this right to arbitration. No acts, including the filing of
litigation, shall be construed as a waiver or a repudiation of the right to arbitrate.
by us shall constitute the entire agreement between you and us concerning the Services. If
the invalidity of such provision shall not affect the validity of the remaining provisions
shall not constitute a waiver of such right or provision. Bizbrain Technologies
anything in this Agreement, we will modify the “Last Updated” date at the top of
will signify your assent to and acceptance of its revised terms. YOU AND BIZBRAIN
TECHNOLOGIES AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST
COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF
ACTION IS PERMANENTLY BARRED.
- The rights and liabilities of the parties hereto will bind and inure to the benefit of their
respective assignees, successors, executors, and administrators, as the case may be.
- If for any reason a court of competent jurisdiction or an Arbitrator finds any provision of
this Agreement, or any portion thereof, to be unenforceable, that provision will be enforced
to the maximum extent permissible and the remainder of this Agreement will continue in full
force and effect.
- No waiver or action made by us shall be deemed a waiver of any subsequent default of the
same provision of this Agreement. If any term, clause or provision hereof is held invalid or
unenforceable by a court of competent jurisdiction, such invalidity shall not affect the
validity or operation of any other term, clause or provision and such invalid term, clause
or provision shall be deemed to be severed from this Agreement.
- We have written this Agreement and our associated Site policies in the English language. You
are representing your understanding and assent to the English language version of this
Agreement as it is published. We are not liable to you or any third-party for any
costs or expenses incurred in translating this Agreement. In the event that you choose
to translate this Agreement, you do so at your own risk, as only the English language
version is binding.
- All headings are solely for the convenience of reference and shall not affect the meaning,
construction or effect of this Agreement.
- This Agreement constitutes the entire agreement between the parties with respect to your
access and use of the website, Services and the materials contained therein, and your use of
the website and Services, and supersede and replace all prior understandings or agreements,
written or oral, regarding such subject matter.
- We make no representation that the Site, Services or any of the materials contained therein
are appropriate or available for use in any particular location, and access to them from
territories where their content may be illegal or is otherwise prohibited. Those who choose
to access the website and Services from such locations do so on their own initiative and are
solely responsible for determining compliance with all applicable local laws. Nothing
contained in this Agreement shall be interpreted as an admission that Bizbrain Technologies
is subject to the laws of any nation besides the United States.
- All questions and concerns regarding this Agreement should be sent to firstname.lastname@example.org.