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BizMerge is an online marketplace and business networking site that improves connectivity for private businesses and people who are involved in private business transactions. BizMerge is wholly owned and operated by BizMerge LLC. In order to use the BizMerge website (the "Website"), you must read and accept to be legally bound by the Terms of Service (the "Agreement"), those set forth in the Privacy Policy, and any notices that may be posted on this Website. As a User or Member of the Website, you agree to be legally bound by all these terms which may be modified by BizMerge at any time and without prior notice. Such modifications are to be effective upon posting them on the Website. Your continued use of the BizMerge service (the "Service") indicates your acceptance of the amended Terms of Service Agreement, Privacy Policy and notices.
Eligibility
You must be 21 or over to register as a Member or use the Website. By using this Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the Terms of Service.
Term
You may continue to use this Service as long as you adhere to the Terms of Service and can cancel your membership at any time. The term of any fee based service may vary. BizMerge will reserve the right to cancel your membership at any time or for any reason. If you or BizMerge cancels your membership in the Service, you will not be entitled to any refund of the unused subscription fee. This Agreement will remain in effect even after your membership is canceled.
Disclaimer
BizMerge does not act as a broker, agent or in any like capacity in which it receives a fee for completed transactions. Although this Agreement expressly prohibits individuals and business entities from abusing the Service, BizMerge does not conduct any investigation or due diligence on the information provided by parties on Member listings, profiles, postings, or third party advertisements on the Website. Therefore BizMerge does not guarantee, implied or otherwise, the accuracy of this information. It is your sole responsibility to conduct due diligence on any business for sale, product, service, wanted postings by Members or third party advertisers on the Website. BizMerge does not accept responsibility nor liability whatsoever for any claims, costs, losses, expenses or damages howsoever arising whether direct, indirect or consequential in respect of any omissions or consequences of actions taken by Users or Members based on any information, opinions or advice contained within this Website.
Non Commercial Use by Users and Members
This Website may not be used in connection with any other commercial endeavors by individuals, organizations or companies including but not limited to offering or soliciting investments directly to other Members such as private equity, bonds, interest, or shares in private or publicly traded companies.
Unauthorized uses of this Website also include collecting listing information, usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or contacting a person for any purpose such as offering yours or any third party's products or services. Unauthorized framing or linking to the Website will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; your address, telephone number, and email address; a written 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; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Content Posted on the Website
You understand and agree that BizMerge may review and delete any content, messages, photos, listings, postings, profiles or information (collectively "Content") that in the sole judgment of BizMerge violate this Agreement or which might be offensive, inappropriate, deceptive, fraudulent, or that might violate the rights, harm, or threaten the safety of other Members. In addition, you understand and agree that BizMerge reserves the right to edit or modify any Content to be consistent with the Website's operation.
As a Member, you warrant the information you post or provide on this Website is accurate, appropriate and consistent with the operation of this Website. You also warrant that the information you provide is not fraudulent, does not infringe on any copyright, or is deceptive in nature.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in no event will BizMerge be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Website or the Service, even if BizMerge has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BizMerge's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to BizMerge for the Service during the term of membership.
Disputes
If there is any dispute about or involving the Website and/or the Service, by using the Website, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of California, City of Orange County.
Indemnity
You agree to indemnify and hold BizMerge, its subsidiaries, affiliates, officers, agents, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above. If you are a California resident, You waive California Civil Code Section 1542, which says "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
Other
This Agreement, accepted upon use of the Website and further affirmed by becoming a Member of the Service, contains the entire agreement between you and BizMerge regarding the use of the Website and/or the Service. The failure of BizMerge to exercise or enforce any right or provision in this Agreement does not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
Please contact us with any questions regarding this Agreement.
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