Terms of Use

These Terms of Use ("Terms") govern your use of our cloud-based enterprise application services including your Free Trial.

These Terms are an agreement between you or the entity that you represent ("You/Your") and BizBrag, Inc. ("Us/We/Our/BizBrag"), although you shall be subject at all times to the terms and conditions governing your use of our cloud-based services ("Services"). By agreeing to these Terms, on behalf of a company or other legal entity, you represent that you have read and reviewed these terms and conditions and have the authority to engage in BizBrag's Services on behalf of such company or entity as well as any related parties. Should you not have such authority, or if you do not agree with these terms, if you are not intending to use the Purchased Services in any way not in compliance with these Terms , then you are not permitted to use the Purchased Services and must terminate your account with Us.

1. Definitions

1. Non-BizBrag Services means services that you would register/sign-up up for in order to maximize your BizBrag usage. Such Services would be, for example: Facebook, Twitter, LinkedIn, Tumblr, Blogger, WordPress, etc. You agree to read and abide by the terms of services for each of these Non-BizBrag Services before you incorporate them into your BizBrag activities.
2. Free Trial means a 30 day free trial entered between You, Related Parties bound by You and Us.
3. Purchased Services means all services to be provided directly or indirectly by BizBrag that You and Related Parties purchase under the Order Form.
4. Related Party(ies) means any affiliate, consultant, franchisee, independent business owner, reseller, retailer, and the like that You direct, control, or are responsible for as it relates to the uses of Our Purchase Services.
5. Active Account means an account that is paid month to month with a valid credit card after the 30 day Free Trial.
6. Users means individuals who are authorized to use the Free Trial and Purchased Services.
7. Your Data/Content means all electronic data and/or information entered/submitted/shared/transmitted by You and all Related Parties.

2. Purchased Services

While using BizBrag, Purchased Services will be available to you pursuant to these Terms. All Purchased Services, while your account is active, will be the applicable Purchased Services to these Terms and will not be contingent upon availability of any future services.

3. Use of Services

We shall make reasonable efforts to make the Purchased Services available 24 hours a day, 7 days a week, except for: Planned downtime (we will provide 8 hours notice), any unavailability caused by acts of God, or any other interruption of Service of which are reasonably out of our control, including internet service providers? failures and/or delays.

4. Data

We will maintain, using commercially reasonable efforts, the appropriate measures to keep Your Data secure and confidential.

5. Your Responsibilities

You agree to be solely responsible for Your Content and any necessary rights clearance required to use, send, display, or transmit Your Content in connection with the Purchased Services.. Any of Your Content made public can be accessed across the internet, crawled, indexed and presented by search engines, social media sites, social network sites and email service providers. You agree not to use our Services for the purposes of creating, transmitting or share content that is illegal, ill-gotten, copied, abusive, vulgar, pornographic, offensive, defamatory, harassing, libelous, racist, sexist, of religious sentiment, malicious, infringing upon others? intellectual property(ies), comprised of virus/trojans/malware, spam, junk mail, phishing activities, unsolicited email, unlawful or otherwise objectionable. Should you partake in such illegal or unauthorized activities by way of creating, transmitting or sharing content by you or content from someone else using our services, we reserve the right to immediately terminate your access to all services without refund or prorated payments.

Registration as a User for access to the Purchased Services requires your e-mail address, your business name and a password. Only one User can use one password and, thus, one profile and one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of your e-mail address and your password can gain entry to the Purchased Services and to your account. Accordingly, by using the Purchased Services, you agree to consider your password as confidential information and to keep your password confidential. You also agree not to use another User's e-mail address and password.

You will immediately notify BizBrag if you become aware of any loss or theft of your password or any unauthorized use of your e-mail address and password. BizBrag reserves the right to delete or change (with notice) a password at any time and for any reason.

6. Use of Services

Please note that a BizBrag account must be setup and used by the person or entity that has the proper authority party to engage in these Terms. Accounts not setup and registered in accordance with these Terms will be subject to deletion.

The following are applicable, agreed upon and represented in the rest of the terms stated in these Terms:

1. The Products and Services may only be used for lawful purposes.
2. That there is no guarantee that all email messages/messages sent from the BizBrag messaging system sent through the use of the Products and Services will be received by all of their intended recipients.
3. Any use of the Products and/or Services must reflect accurate information as it pertains to you/your business and not to be used for any false, malice, misleading, derogatory, defamatory or otherwise harmful intent toward another individual, business or other entity.
4. The 'Upgrade' is a month-to-month subscription charge (discounted or otherwise) that constitutes an Active Account. There are no term contracts, and accounts can be terminated at anytime (no monies are non-refundable that have been paid up until that point). That there are no guarantees of results as it relates to search engine placement, bookmarking, RSS Feeds and various news media coverage and/or visibility.
5. That any Non-BizBrag Services that are connected to BizBrag and any of its subscribers are completely independent of BizBrag and that you must read and remain responsible for each of such provider's Terms and Conditions. If you do not abide by their Terms and Conditions, you may not access or use that provider?s Products and/or Services through your BizBrag account.
6. That any issues that may arise from social media, social networking accounts and account activity of any other web service, that are connected to any BizBrag subscriber's dashboard/profile is not the responsibility of BizBrag.
7. The Purchased Services are all subjected to the strict guidelines of the CAN-SPAM ACT
8. The Purchased Services may not be used to send any unsolicited email.
9. The Purchased Services may not be used in connection with any third party lists or purchased.
10. The Purchased Services may only be used with 'permission-based' lists.
11. That you are the sole/designated/approved 'sender' of any email message sent by you via the Purchased Services.
12. That every email message sent by you via the Purchased Services must include/contain the BizBrag opt-out (unsubscribe) link that allows recipients to remove themselves from your mailing list and or email transmission.
13. That you will abide by the CAN-SPAM Act and remove any persons, business or other entity that requests an opt-out, by disabling their transaction to any email within 30 days and to never resend or send another message to them via the Purchased Services. BizBrag does disable any email address that requests from BizBrag an opt-out within 30 days. Upon such removal, this email address will never be able to receive any form of communication from the BizBrag service in the future, unless a written request is sent by the rightful owner of that email address.
14. That every email message sent by you via the Purchased Services will include an accurate personal or place of business physical address for the sender.
15. That every email message sent by you via the Purchased Services will include a clear, truthful 'from' line that accurately identifies you, your business or the entity you are associated with/employed by.
16. That every email message sent by you via the Purchased Services will include an accurate, non-deceptive and clear 'subject' line that does not provide any misleading information as it relates to the applicable/included email message/content.
17. The Purchased Services will not be used for hosting, transmitting, inferring or reflecting any content that infringes on, misappropriates, or violates the intellectual property or proprietary rights of other individuals, businesses or entities relating to patents, copyrights, trade secrets, or trademarks in any way as well as include any slanderous, libelous or obscene content/material or any other content/material that violates any and all applicable law and/or regulation.
18. That, should you be using a third party service to use/access the Purchased Services, you will adhere and abide by these Terms, regardless of anything that may be written into your agreement with a third party. That third party set of Agreements and Terms does not provide the shelter or avoidance of these Terms. You understand, acknowledge, and agree that the operation or provision of the Purchase Services requires the submission, use, and dissemination of various personally identifiable information, and accordingly, you acknowledge and agree that your use or receipt of the Purchased Services will constitute acceptance of our personally identifiable information collection and use practices (please see our Privacy Policy for a summary of BizBrag's personally identifiable information collection and use practices).
19. You will adhere to and abide by the BizBrag Anti-Spam Policy at all times (please see BizBrag Anti-Spam Policy for a summary of BizBrag Anti-Spam Policy).
20. The content/message of all information in emails, messaging services, posting services or live chat services will comply with the restrictions on content as set forth or referenced in these Terms.
21. You and/or your business agree not to interfere, disrupt, corrupt or spam the Purchased Services or any BizBrag servers or other BizBrag related networks (blogs, etc.), software, or equipment in any way.

7. Fees and Payments for Purchased Services

User fees are based on monthly periods. Fees are based upon an active account, not actual usage. All User fees paid are final and non-refundable. Each User term begins on the date a User registered for a Free Trial. Each User term shall renew automatically each month and may be cancelled at anytime.

8. Payments

There is no credit card required to begin your Free Trial. Once the Free Trial has expired and you choose to continue using BizBrag?s Services, the payment for Purchased Services (Active Accounts) will be made by a valid credit card accepted by BizBrag. When you active your account (Upgrade to Active Account) you hereby authorize BizBrag to charge your credit card for such amounts on a regular monthly basis which will begin at the end of your Free Trial period and continue until your Active Account is terminated or cancelled. At the end of the Free Trial period, you will receive an email, as well as a notification in your dashboard, that states your Free Trial has expired and to continue using the BizBrag Services, you must login to your dashboard, go to "My Account" and enter the required credit card information. This credit card will then be charged for such amounts on a regular monthly basis. If BizBrag is, for any reason, unable to complete automatic payment via your credit card, Bizbrag will attempt to contact you and notify you. Should this non-payment occur, BizBrag Services provided to you will be suspended until payment is received. Amounts paid for the Services are final and non- refundable. Payment may be by check, with prepayments of at least three (3) months. All fees are payable in U.S. dollars.

9. Enforcement Rights

It is the right of BizBrag, at its discretion, to remove any content or message, plus, disable any User account (Free Trial or Upgrade (Active Account), without refund) should BizBrag reasonably believe that you, your business or Related Party has violated any or all terms and conditions of these Terms. We also reserve the Right, without notice and in our sole discretion, to terminate your account. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this User Agreement and shall not affect the validity and enforceability of any remaining provisions. The following provisions, in accordance with their terms, will survive any termination of these Terms: Sections 1, 7, 8, 9, 10, 12, 13, 14, 15, 16, 18, and 19. No rights are granted to you hereunder other than as set forth herein. We reserve all rights and interest in and to the Purchased Services.

These Terms provide only a limited license to access and use the Purchased Services. Accordingly, you expressly acknowledge and agree that BizBrag transfers no ownership or intellectual property interest or title in and to the Purchased Services to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, "look and feel," and arrangement of any content contained on or available through the Purchased Services, unless otherwise indicated, are owned, controlled, and licensed by BizBrag and its successors and assigns and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. BIZBRAG, the BizBrag logo, and all other names, logos, and icons identifying BizBrag and its programs, products, and services are proprietary trademarks of BizBrag, and any use of such marks, including, without limitation, as domain names, without the express written permission of BizBrag is strictly prohibited. Other service and entity names mentioned herein may be the trademarks and/or service marks of their respective owners.

COPYRIGHT; DESIGNATED AGENT FOR NOTIFICATION OF CLAIMS OF INFRINGEMENT. BizBrag respects the intellectual property rights of others, and it asks you to do the same. Accordingly, it is BizBrag's policy to respond appropriately to a notice of alleged infringement that complies with U.S. Copyright Law. If you believe that one or more of your works have been copied or used in a way that constitutes copyright infringement, please provide a written notice of your claim of copyright infringement that is directed to BizBrag's designated agent as specified below along with the following information:

A signature of a person authorized to act on behalf of the owner of the copyright interest that is allegedly infringed;

A description, in reasonable detail (including any applicable URL address), of the copyrighted work that you claim has been infringed;

A description, in reasonable detail, of where the material that you claim is infringing is located on a website controlled by BizBrag;

Your address, telephone number, and e-mail 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; and

A statement by you, made under penalty of perjury, that the above information in your written notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Designated Agent: Chief Operating Officer (COO)

BizBrag welcomes your feedback and suggestions about BizBrag's products or services or the Purchased Services. By transmitting any suggestions, information, material, or other content (collectively, "feedback") to BizBrag, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to BizBrag and enable BizBrag to use such feedback. In addition, any feedback received through the Purchased Services will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for BizBrag to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.

You acknowledge that any breach, threatened or actual, of these Terms will cause irreparable injury to BizBrag, such injury would not be quantifiable in monetary damages, and BizBrag would not have an adequate remedy at law. You therefore agree that BizBrag shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of these Terms. Accordingly, you hereby waive any requirement that BizBrag post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to BizBrag to enforce any provision of these Terms.

10. Your Restrictions

You shall not: reverse engineer the licensed application by way of circumventing, decompiling or disassembling the technology (a) access our services to construct a competitive product/service, (b) transfer or make available to any third party the Purchased Services, (c) use the third party links to sites without agreeing to their services terms and conditions, (d) use services for spamming or other illegal and/or offensive practices or violate intellectual property rights of others, or (e) use the Purchased Services in any manner or for any purpose not expressly permitted herein.

11. Data

You are the rightful owner of the content you create or provide. You grant BizBrag the right to access, distribute, store, copy, reformat, display and otherwise publicly promote Your Content as required for the purpose of providing the Purchased Services to you. We will strive to always protect your rights and data for the protection of your security and confidentiality.

12. Confidentiality

You confidentiality is Your Data, our confidentiality is our services. We take all reasonable efforts to keep your confidential information private.

13. Warranties

You acknowledge that you have all rights necessary to adhere to these Terms.

14. Indemnification

You agree to indemnify and hold Us and our affiliates, shareholders, directors, officers, employees, agents, successors and assigns against any and all third party claims, actions, demands, suits and all related losses, liabilities, damages, penalties, costs and expenses (including, but not limited to, reasonable attorneys? fees) incurred by an indemnified party arising out of or related to: (a) any violation of law or regulation from your use of the Purchased Services, (b) any actual or alleged breach by you of any obligations, representations, warranties under these Terms, including violations of our Anti-Spam Policy; and any actual or alleged infringement or misappropriation of the intellectual property rights of any third party by all User Content that you submit or a third party submits on your behalf or using your account.

In addition to the foregoing indemnification obligation, if you discover or are notified of a breach or potential breach of security with respect to any personally identifiable information provided or made available by BizBrag through the Purchased Services, you shall immediately (i) notify BizBrag of such breach or such potential breach and (ii) if the applicable data was in your possession or control, including, without limitation, in instances where such possession or control was permitted by these Terms at the time of such breach or potential breach, you shall immediately (a) investigate such breach or such potential breach, (b) inform BizBrag of the results of such investigation, (c) assist BizBrag using commercially reasonable efforts in maintaining the confidentiality of such information, and (d) assist BizBrag as reasonably necessary to enforce BizBrag's rights and to enable BizBrag to comply with any state or federal law requiring the provision of notice of any security breach with respect to any personally identifiable information of the affected or impacted data subjects.

15. Limitation of Liability

You are solely responsible for all of your activities through the Purchased Services, including all User Content that you submit or a third party submits on your behalf or using your account. You agree that we shall not be liable for any loss or damage or business interruptions, computer failures, loss of business information or other loss caused by your use or inability to use the service or with respect to any content, products, or services found on other Web sites, including any Non-BizBrag Services Your sole and exclusive remedy for any dispute with us related to any of the Purchased Services shall be termination of such Purchased Service. In no event shall our entire liability to you in respect to any service, whether direct or indirect, exceed the fees paid by you or third party towards such service.

16. Disclaimer

The Purchased Services are available on an as-is and as-available basis. The use of the Purchased Services are at your own risk. No advice obtained by you, from us shall create any warranty not expressly written/stated in these terms. ACCORDINGLY, BIZBRAG DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, AND CONTENT ON OR AVAILABLE THROUGH THE PURCHASED SERVICES. BIZBRAG DOES NOT REPRESENT OR WARRANT THAT MATERIALS ON OR AVAILABLE THROUGH THE PURCHASED SERVICES ARE ACCURATE, COMPLETE, CURRENT, RELIABLE OR ERROR-FREE.

17. Term and Termination

These Terms shall commence from the time you use the Purchased Services, check the box at registration, or otherwise indicate that you accept and agree to these Terms and shall remain in effect until your Account has been terminated or expired. If you register for a free trial period and do not activate your account before or at the end of that free trial period, your Account will be disabled from using certain features of the Purchased Services.

18. Termination

You may terminate your Account at anytime. Subject to our early termination rights in Section 9 of these Terms, we may terminate your Account at anytime should you breach these Terms. Within 90 days after the termination of an Active Account or expiration of a Free Trial, you may request Your Data. After that ninety day period, there is no obligation on our end (unless legally compelled) to maintain Your Data and therefore we will delete all of the data you had entered during the course of the Free Trial and Active Account Terms.

19. General Agreement Items

Failure by BizBrag to insist on strict performance of any of these Terms will not operate as a waiver by BizBrag of that or any subsequent default or failure of performance. Headings herein are for convenience only. These Terms, including any referenced terms and conditions, namely, BizBrag's Privacy Policy, sets forth the complete understanding of the parties to these Terms

These Terms cancel and supersede any BizBrag, Inc. Agreement, Policies or Statements, and/or affiliate services agreements, policies or statements that a party might have previously entered into with BizBrag, Inc.. In case of any inconsistencies between the Policies and the other terms of these Terms, the latter shall prevail.

BizBrag, Inc.
909 Ridgebrook Road
Unit 100D
Sparks, Maryland 21152
U.S.A.

Unless otherwise agreed to by BizBrag, please note that BizBrag reserves the right to change these Terms and conditions of and the manner under which the Purchased Services (and its related functionality) are extended to you by providing you notice or a copy of such revised terms. BizBrag may also change or modify any aspect of the Purchased Services. Upon any renewal of the Purchased services, your continued use of the Purchased Services will be conclusively deemed acceptance of any change to these Terms or the Purchased Services.

These Terms have been made in and will be construed and enforced solely in accordance with the laws of the State of Maryland, U.S.A. as applied to agreements entered into and completely performed in the State of Maryland. You and BizBrag each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction, and venue of the courts in the State of Maryland for any disputes between us under or arising out of these Terms. You also agree to waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to these Terms and acknowledge that either party may seek attorney's fees in any proceeding. Any claim you might have against BizBrag must be brought within two (2) years after the cause of action arises, or such claim or cause of action is barred. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these Terms. You access the Purchased Services on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of the Purchased Services. A printed version of these Terms and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact BizBrag if you wish to receive a printed copy of these Terms or any notice sent by BizBrag to you.