Welcome to the website and/or software application of BizQualify LLC, a California Company. The following terms apply to your use of and access to any BizQualify LLC owned or operated website and/or software application ("Website"), which includes viewable and downloadable reports and data (“Information”). Certain products or services offered through the Website may have additional terms and conditions, which govern in the event of any inconsistency with the terms below.


COVERAGE OF THIS POLICY AND AGREEMENT

In addition to other agreements between you and BizQualify LLC, these terms explain the policies that govern your access to and use of the Website, including the actions that we may take, within our sole discretion, for any use that we deem unacceptable. 

By accessing or using the Website, you agree to these terms (collectively the "Policy and Agreement"), and BizQualify LLC may modify them from time to time. If you do not agree to accept and comply with the Policy and Agreement, do not access or use the Website.

LINKS TO THIRD-PARTY SITES

The Website may contain links to other websites and/or software applications that are maintained by third parties over which BizQualify LLC has no control. Use of these links may lead you to leave the Website and use of third-party websites and/or software applications is entirely at your own risk. BizQualify LLC makes no representation or warranty concerning any other site or the information, products or services offered or appearing on or through those sites and/or software applications. BizQualify LLC does not sponsor or endorse the operators of those sites or the content, products or services they provide, and BizQualify LLC is not responsible or liable for the conduct of the sites' operators, the content, availability, accuracy, quality, advertising, products, services or other materials offered at those sites.

USE OF SERVICE AND INFORMATION

You agree to use Information on this Website only in the internal operation of your business. You may copy and distribute Information for your internal use only. You agree to not distribute, resell, loan, rent, transfer or convey Information on the Website to, or on behalf of, any third party. This prohibition on distribution to third parties includes a prohibition on the use of Information to generate any statistical information that is or will be provided to third parties, publication of Information in the news media, use of Information for comparison to other information databases that will be provided to third parties or use of Information in any legal proceeding, unless required by law and where you have notified BizQualify LLC of such legal requirement.

INTELLECTUAL PROPERTY 

All rights, title and interest in and to the Website and Information will remain the exclusive property of BizQualify LLC. BizQualify LLC will be the sole owner of any and all inventions, discoveries, improvements, updates and enhancements relating to the Information or the Website (whether in written or unwritten form) which are made, developed, conceived of or reduced to practice by BizQualify LLC. BizQualify LLC retains the exclusive right to reproduce, publish, patent, copyright and otherwise make use of the Information and the Website.

Any and all works authored by BizQualify LLC (including all copyrights and other proprietary rights relating thereto) will belong exclusively to BizQualify LLC, and such works will not be deemed to be works made for hire, unless otherwise agreed to in writing. 

You agree to notify BizQualify LLC immediately of any infringement, unauthorized possession or misuse of the Information or the Website. BizQualify LLC, in the exercise of its sole discretion and at its expense, may institute lawsuits or other actions to prevent or terminate any such infringement, unauthorized possession or misuse. You agree to render all reasonable assistance in the prosecution and/or settlement of any such lawsuit or action. Any recovery in any such lawsuit or other action will belong solely to BizQualify LLC.

ILLEGAL OR HARMFUL USE 

You may access and use the Website only for lawful purposes. You are responsible for any transmission and/or content of any communication that you send, post, or store on the Website. Transmitting, distributing, or storing any content that violates any applicable law is prohibited. Additionally, the following non-exhaustive list details examples of the kinds of illegal or harmful conduct that are prohibited while you are visiting the Website: 

Infringement: Sending, posting, or transmitting through the Website any content that infringes another party’s intellectual property rights or other proprietary rights including, without limitation, material protected by copyright, trademark, patent, trade secret or other intellectual property right. Infringement may result from the unauthorized copying, distribution and/or posting of pictures, logos, software, data, articles, musical works, and videos.

 

Offensive Materials: Disseminating or posting material that is unlawful, libelous, defamatory, obscene, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable. 

Export Violations: Including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the U.S. Department of Commerce. 

Fraudulent Conduct: Offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, chain letters, and pyramid schemes). 

Failure to Abide by Third-Party Website Policies: Violating the rules, regulations, or policies that apply to any third-party network, software application, server, computer database, or website that you access through the Website. 

Harmful Content: Disseminating or posting harmful content including, without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancelbots or any other computer programming routines that may damage, interfere with, secretly intercept or seize any system, program, data or personal information.

NETWORK SECURITY AND INTEGRITY 

You may not violate the security of the Website in any way. Such violations may result in criminal or civil liability. BizQualify LLC may, but is not obligated to, investigate any violation of the Website. BizQualify LLC may cooperate with law enforcement where criminal or unauthorized activity is suspected. By using BizQualify LLC services or sending, receiving, posting, accessing, or storing any electronic transmission via the Website, you agree to cooperate, as well, in any such investigation. Examples of Website security violations include, without limitation: 

Hacking: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without the express prior authorization of the owner of the system or network. 

Interception: Unauthorized monitoring of data or traffic on any network or system without the express prior authorization of the owner of the system or network. 

Intentional Interference: Interference with service to any user, host or network including, without limitation, denial-of-service attacks, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, and broadcast attacks. 

Falsification of Origin or Routing Information: Using, selling, or distributing in conjunction with any use of the Website, any computer program designed to conceal the source or routing information of electronic mail messages in a manner that falsifies an Internet domain, header information, date or time stamp, originating e-mail address, or other identifier. 

Avoiding System Restrictions: Using manual or electronic means to avoid any limitations established by BizQualify LLC or attempting to gain unauthorized access to, alter, or destroy any information that relates to Information and any BizQualify LLC data, customer or other end-user. BizQualify LLC may, but is not obligated to, take any action it deems necessary to protect the Website, its rights or the rights of its customers or third parties, or optimize or improve the Website. You acknowledge that such action may include, without limitation, employing methods, technologies, or procedures to filter or block messages sent through the Website. BizQualify LLC may, in its sole discretion, at any time, filter "spam" or prevent "hacking," "viruses" or other potential harms without regard to any preference you may have communicated to us.

INVESTIGATION AND ENFORCEMENT OF THE POLICY AND AGREEMENT 

All users of the Website must adhere to the terms of this Policy and Agreement. BizQualify LLC has the right, but is not obligated, to strictly enforce this Policy and Agreement through self-help, active investigation, litigation and prosecution. 

BizQualify LLC may also access and disclose any information (including transactional information) related to your access and use of the Website for any lawful reason, including but not limited to: (1) responding to emergencies; (2) complying with the law (e.g., a lawful subpoena); (3) protecting our rights or property and those of our customers; or (4) protecting users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. Indirect or attempted breaches of this policy and agreement, and actual or attempted breaches by a third party on behalf of a company, customer, or user, may be considered breaches of this policy and agreement by such company, customer or user. 

DISCLAIMER OF WARRANTIES AND LIABILITY

All content and Information accessed by or provided to you through the Website is provided "as is" and "as available." BizQualify LLC, its agents, and its licensors do not warrant the accuracy, completeness, timeliness, non-infringement, merchantability or fitness for a particular purpose of any content or Information available through the Website. You access such content or Information at your own risk. BizQualify LLC does not guarantee that the Website will be error-free, or continuously available, or that it will be free of viruses or other harmful components. Under no circumstances will BizQualify LLC, its affiliates, its agents or its licensors be liable to you or anyone else for any damages that arise from the use of the Website. This is a comprehensive limitation of liability that applies to all damages of any kind - for example, compensatory, special, direct, indirect, or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties - even if BizQualify LLC is advised beforehand of the possibility of such damages. You understand that you are solely responsible for any damage to your computer system or loss of data that results from any material downloaded from or otherwise provided through the Website.

GOVERNING LAW 

This Policy and Agreement is governed by and must be construed under the laws of the State of California. The federal and state courts of California have exclusive jurisdiction over and venue of any suit that relates to this Policy and Agreement. 

INDEMNIFICATION 

You agree to indemnify, defend and hold harmless BizQualify LLC from and against all claims, liabilities, losses, expenses, damages and costs (including reasonable attorneys' fees) that arise from: (1) any violation of this Policy and Agreement by you; (2) any violation of any rights of a third party by you; (3) any violation of applicable law; (4) information or content that you submit, post, transmit or make available through the Website; or (5) your use of the Website and Information.

MODIFICATION OF THE POLICY AND AGREEMENT 

BizQualify LLC reserves the right to modify this Policy and Agreement at any time, effective upon its posting, as modified, on www.BizQualify.com. BizQualify LLC reserves the right to make such changes without notifying you. You agree to the Policy and Agreement by accessing or using the Website.

Any failure to insist upon or enforce performance of any provision in this Policy and Agreement will not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice will act to modify any provision in this Policy and Agreement. BizQualify LLC may assign its rights and duties under these terms to any party at any time without notice to you. If any provision of this Policy and Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions so that it does not affect the validity and enforceability of any remaining provisions.

USE OF WEBSITE

No part of the Website may be reproduced, modified, or distributed in any form or manner without the prior written permission of BizQualify LLC.

You may not robotically or otherwise automatically harvest information from the Website.

USE OF CLIENT NAME

BizQualify LLC reserves the right to display and use for advertising and marketing purposes the names of the companies utilizing BizQualify LLC services and accessing the Website.

QUESTIONS AND COMMENTS 

We invite you to send in your questions or comments about the Website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss, to Info@BizQualify.com.