Terms of use
Biz Calling Cards TERMS AND CONDITIONS
The following terms and conditions govern Biz Calling Cards website and the software and services made available on the website. By visiting our website and/or using any of our software or services, you agree to be bound by these Terms & Conditions. When you use a specific Biz Calling Cards service or item of software available from this website, you will also be subject to all posted agreements applicable to such individual services or items of software. Biz Calling Cards reserves the right to change these Terms & Conditions or its other posted agreements at any time and to notify you by posting an updated version on this website.
Biz Calling Cards does not target services to individuals less than age 18. Individuals less than 18 years of age are not eligible to register or to initiate our services. Please register after you have reached age 18.
ESTABLISHING AN ACCOUNT; MEMBER PRIVACY
To use software and certain services offered by Biz Calling Cards, you will be asked to provide certain information. For example, to make a PC-to-Phone call using our Biz Calling Cards PC Phone service, your name, email address, zip code, area code, state, country and password are required. Biz Calling Cards uses the information you provide when you register in accordance with our Privacy Policy, which you may access on the Privacy Policy page. When you establish an account with Biz Calling Cards, you should safeguard your account password and user ID. You are solely responsible for all acts or omissions that occur under your accounts, including the content of transmissions, whether or not authorized by you. You agree to notify Biz Calling Cards immediately of any unauthorized use or any other breach of security.
PROPRIETARY RIGHTS TO CONTENT
Content (including but not limited to text, software, music, sound, photographs, video, graphics or other material) contained on Biz Calling Cards website, in sponsor advertisements or in email-distributed by Biz Calling Cards is protected by copyright, trademark, service mark, patent or other proprietary rights, laws and treaties. Except as otherwise provided by law or expressly permitted herein, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the website or the services. You understand that neither Biz Calling Cards nor its network services supplier is responsible for the content of the transmissions sent by third parties that may pass through the Internet and/or the services. All trademarks, service marks and trade names used on or in connection with the site and the services are proprietary to Biz Calling Cards and/or to their respective owners. Biz Calling Cards© is a trademark registered in the United States, Canada, European Union (EU), Denmark, Finland, Norway, Sweden, China, Hong Kong SAR, Japan, South Korea, Taiwan and Singapore.
MEMBER CONDUCT
Any unauthorized commercial use or resale of the software or services is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations.
Biz Calling Cards will immediately terminate any user that Biz Calling Cards, in its sole discretion, believes is violating any of the foregoing.
INDEMNIFICATION
You agree to indemnify and hold Biz Calling Cards, its affiliates, officers, directors, employees, and network services suppliers harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by Biz Calling Cards.
YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES
The Biz Calling Cards website and the services Biz Calling Cards provides may include information such as coupons, special offers and links to content from third parties. Inclusion of such information and links does not signify Biz Calling Cards endorsement of the information or third party. Any dealings with third party advertisers found on the website, including purchase and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Biz Calling Cards shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the website.
DISCLAIMER OF WARRANTIES
Biz Calling Cards DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. Biz Calling Cards IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS AVAILABLE THROUGH OR PROVIDED BY ANY THIRD PARTY, AND DOES NOT WARRANT OR REPRESENT THAT ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS ARE CORRECT, ACCURATE, OR RELIABLE.
FOR THE SOFTWARE AND SERVICES Biz Calling Cards PROVIDES THROUGH THIS WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW Biz Calling Cards EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. Biz Calling Cards DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Biz Calling Cards DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL Biz Calling Cards BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE ANY SOFTWARE OR SERVICE, ANY CHANGES TO THE SOFTWARE OR ANY SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. YOU SPECIFICALLY AGREE THAT Biz Calling Cards IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. IF YOU ARE DISSATISFIED WITH THE SOFTWARE, A SERVICE, THE MATERIALS AVAILABLE ON OR THROUGH THE WEBSITE, OR WITH ANY OF Biz Calling Cards TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE WEBSITE AND/OR USING ANY OF Biz Calling Cards SOFTWARE AND/OR SERVICES.
DISPUTE
In the event a dispute shall arise between Biz Calling Cards and PRIVATE LABEL/ADVERTISER as to their respective rights, duties and obligations under the Agreement, such dispute shall be submitted to arbitration under the rules of the American Arbitration Association. The arbitration shall be held at Santa Ana, California. The decision of the arbitrator shall be final and shall be entitled to enforcement in any court of competent jurisdiction.
Biz Calling Cards failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Biz Calling Cards in writing. You and Biz Calling Cards agree that any cause of action arising out of or related to the software or a service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The section titles in these terms and conditions are solely for the convenience of the parties and have no legal or contractual significance.
TERMINATION
Biz Calling Cards may terminate any or all of the services or the right to use software with or without cause at any time and effective immediately. In addition, Biz Calling Cards, in its sole discretion, may terminate any other account for violation of the letter or spirit of these Terms & Conditions.
