BZBIZPRO.COM TERMS OF SERVICE 

These terms of service were last modified Dec 28^th, 2024.

Welcome to BzBizPro.com, a technology service (“Service”) operated by Yashaa LLC. (“BzBizPro.com,” “we,” “our,” or “us”), and offered via the BzBizPro.com website (“Our Website”), that enables small business services businesses (“Pros,” or “you”) to run their business operations.

 

ACKNOWLEDGEMENT & ACCEPTANCE

By accessing or using the Service, you represent that you have read, understood, and agree to be bound by these Terms of Service (the “Terms of Service” or “Agreement”). This Agreement, together with the Privacy Policy, applies to Pros who access, enroll in, or use the Service (“Users,” used interchangeably with “you” and “Pro” throughout this Agreement). “User” means you as an individual, as well as the employer or entity on whose behalf you are using the Service, and you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and such employer or entity. “User” also includes consumers that use any of our services, as applicable.

You acknowledge and agree that we may amend this Agreement at any time by posting a revised version of this Agreement on the Service or Our Website or by notifying you directly in our sole discretion. Your continued use of the Service after any changes are made to this Agreement shall constitute your consent to such changes. We do not and will not assume any obligation to notify Users of any changes to this Agreement. You are responsible for remaining knowledgeable about the terms of the Agreement.

You further acknowledge that BzBizPro.com’s services are designed solely for businesses, and not for consumers, and that purchase and use of BzBizPro.com’s services constitutes a business-to-business transaction.

 

THE SECTION BELOW LABELED “DISPUTE RESOLUTION; MANDATORY ARBITRATION” OF THESE TERMS OF SERVICE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, THESE TERMS OF SERVICE CONTAIN AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT, AND SUBJECT TO CERTAIN PROVISIONS BELOW: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

 

BZBIZPRO.COM SERVICES

BzBizPro.com offers you the use of our mobile and web-based Services which consist of field service management services and tools, subject to our various types and levels of subscription plans, as well as add-ons for additional fees.  Your use of our Service is solely authorized for supporting your business, and for consumers, solely for your personal use.  

 

USE OF THE SERVICE

The Service is offered to Users who are 18 years of age or older and reside in the United States or Canada. Use of the Service is permitted only by individuals who can form legally binding contracts under applicable law. If you do not qualify, do not use the Service. By using the Service, you represent and warrant that you are 18 years of age or older and otherwise meet all eligibility requirements herein. You further represent that all information you provide to us (including any customer and employee information) or any of our Third-Party Providers and vendors shall be accurate, and that you shall have all necessary rights to provide and use such information for use as contemplated herein. In addition, you represent and warrant that you will comply with all applicable federal, state and local laws, rules and regulations with respect to your use of the Service.

 

LICENSE

Subject to User’s compliance with this Agreement, BzBizPro.com hereby grants User a revocable, non-exclusive, non-transferable right to access and use the Service, solely in the conduct of User’s normal course of business, and in accordance with this Agreement. User understands and agrees that the Service is provided under license to User, not being sold to User, and User does not gain any ownership interest of any kind in the Service under this Agreement.

BzBizPro.com will not be liable if, for any reason, all or any part of the Service is unavailable at any time or for any period. From time to time, BzBizPro.com may restrict access to some parts of the Service, or the entire Service, to Users. BzBizPro.com does not make any representations or guarantees regarding uptime or availability of the Service.

 

SERVICE DATA YOU PROVIDE AS A PRO

In using the Service, You may provide us, directly or indirectly, with information about you or your business, including but not limited to the following types of information (which shall be referred to collectively as “Service Data”):

 

Business Profile

We require Pros to complete a profile (“Business Profile”). We do not review or verify the information or representations set forth in Business Profiles. 

 

Licenses

Pros are requested to post licensing information in their Business Profile. Different jurisdictions may require state and/or local (county or municipal) level licensing for certain services, work, and/or project amounts. 

 

Insurance and Bonding

Pros may post information and documents concerning insurance policies and/or bonds covering their operations. We do not verify the accuracy of this information.

 

Customer Data

Individual customer data entered or imported by Pros shall remain the property of the Pro. User grants BzBizPro.com and its affiliates and service providers the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such customer data as may be necessary to provide the Service, including any third-party Apps you choose to download from our App store, to you and other customers, and for BzBizPro.com’s internal business uses, and any other uses permitted by law, subject to the BzBizPro.com privacy policy, located at https://www.BzBizPro.com.com/privacy/.

 

Service Pricing Data

Service pricing data entered or imported by Pros shall remain the property of the Pro. We will not share the individual price data with a third party without the consent of the Pro, however, we reserve the right to anonymize and aggregate pricing data, and use such data for our business purposes.

 

Feedback

In the event that you provide us with any feedback regarding the Service, including without limitation, any flaws, errors, bugs, anomalies, problems with and/or suggestions for the service or the Service (“Feedback”), you hereby assign to us all rights, including intellectual property rights, in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate.

 

Login information

You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account, including but not limited to any unauthorized transactions involving any hacking or unauthorized access to or use of your account or account information. BzBizPro.com has no liability for any funds paid that were charged from your account or using your credit or debit card information, or paid or transferred to the account or card on file in your BzBizPro.com account. You agree to notify us immediately of any unauthorized use of your account. User is responsible and liable for: (i) User’s conduct; and (ii) any use of the Service through User’s information technology systems or environment, whether authorized or not. We have the right to disable any user name, password, or other identifier, whether chosen by User or provided by BzBizPro.com, at any time if, in our opinion, User has violated any provision of this Agreement.

 

Data from Other Accounts

We may have access to financial and transactional data that you provide us via an import from your accounts with one or more other service providers, including Quickbooks, including data in such an account that is captured before or after any integration with BzBizPro.com (“Other Account Data”).  You authorize us to share your Other Account Data with our Third-Party Providers for the purposes of providing the Services and Third-Party Services to you. 

 

Geolocation Data

We may have access to certain geolocation data of you and/or your vehicles, obtained from mobile devices including mobile phones, and third-party vehicle tracking devices, offered as a service by us.  You acknowledge that you have all necessary consents and rights to convey any and all rights granted hereunder to us. 

 

Payment Processing Information

You may provide certain payment processing information including but not limited to dates, amounts and forms of payments you receive.  Users warrant that all information they provide or submit, including but not limited to Service Data, is complete, accurate and current.

 

Third-Party Vendor Login

In the event you elect to share your login and password information for a vendor of yours with BzBizPro.com to allow BzBizPro.com to take actions on your behalf upon your instructions, you represent and warrant that you are authorized to share such information with us, and that you are hereby authorizing us to take any actions that you direct us to take. 

 

LICENSE TO SERVICE DATA / HOW WE USE SERVICE DATA

By submitting Service Data or any other content on or through our Service, you hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, fully paid license (with the right to sublicense) to use, copy, transmit, modify, display and distribute such content (i) to the extent necessary to provide the Service; (ii) for internal business purposes; (iii) to evaluate your eligibility to use our Service and Third-Party Services, in our sole discretion, as well as to create and present to you relevant new offerings from BzBizPro.com and our partners, (iv) to improve, modify and adapt our Service, and (v) for any other lawful purpose. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to the Service Data and any content or materials that you submit to your BzBizPro.com account or the Service.

Such use is subject to our rights and obligations set forth in our privacy policy in effect as posted at www.BzBizPro.com.com/privacy. Examples of use may include, without limitation, the following:

1.Provide relevant data to our Service and Third-Party Providers (defined below), vendors and applications (“Apps”) that utilize functionality from your account to fulfill their services and evaluate your eligibility for additional services; 2. Send communications on your behalf to effect the intended purposes of the applicable Service, e.g., sending job scheduling emails, sending en-route text notifications, offering your marketing promotions; 3. Make your services available on our and third-party Booking Services that we partner with; 4. Generate invoices to you and collect payment thereon; 5. Verify your identity, and prevent fraud or other unauthorized or illegal activity; 6. Analyze and create anonymized aggregate industry trends and analytics to improve the Service and create new features and offerings; 7. Provide customer support to you; 8. Use the names, trademarks, service marks and logos associated with your company to promote the Service; 9. Provide you with job applicants potentially looking for jobs in your industry; 10. Send you offers and marketing materials from BzBizPro.com and any of our partners or affiliates that we believe may be of interest to you, and 11. any other use that we, or a third-party App or Third-Party Provider, describes at the point where we collect data or information with your consent.

 

Aggregated & Statistical Service Data Rights. Notwithstanding any other provision of this Agreement, BzBizPro.com shall own all right, title and interest to any anonymized, aggregated and statistical data created, generated and/or derived from the Service Data and use of the Service. If BzBizPro.com does not automatically own any anonymized aggregated and statistical data upon its creation, you hereby assign all right, title and interest, including intellectual property rights, in and to such aggregated and statistical data to BzBizPro.com.

 

We also reserve the right to use any version of your website from our BzBizPro.com Website Builder service (or any part thereof) for any of our marketing or promotional activities, online or offline, and to modify it as reasonably required for such purposes, and you hereby waive any claims against us or anyone acting on our behalf relating to any past, present or future moral rights, artists’ rights or any other rights you may have in or to such content with respect to such uses.

 

You hereby grant to BzBizPro.com  a non-exclusive, irrevocable, perpetual, unlimited, worldwide license to use and permit others to use, at no cost, your name, photograph, video and voice (from any recordings you provide or upload, or recordings made by us that include you), statements, likeness, and personal characteristics (“Materials”) in connection with BzBizPro.com’s business purposes, including but not limited to, advertising and commercial exploitation, in any format now known or hereafter developed at BzBizPro.com’s sole discretion.  Such uses of the Materials may include, but are not limited to: use on Our Website, use on social media, use of Materials within advertising, promotional, and educational communications, use for training, and any other public use in furtherance of BzBizPro.com’s business purposes. 

 

Franchises

If you are a franchisee, and you subscribe to BzBizPro.com through an offer or in conjunction with your franchisor, you authorize BzBizPro.com to provide access to your BzBizPro.com account, and all information therein, to your franchisor. You also authorize us to act on, and follow instructions from your franchisor with regard to your account.

 

COMMUNICATING WITH YOU/TCPA CONSENT; WITHDRAWING CONSENT; HELP

You authorize BzBizPro.com, inclusive of its agents, affiliates and independent contractors, to contact you at the email address(es) and telephone number(s) that you have provided to BzBizPro.com for advertisement, telemarketing, solicitation or other purposes, using an automated telephone dialing system or a pre-recorded or artificially-generated voice to deliver a message, or texting you, even if you have previously requested to be placed on our Do-Not-Call list, or your phone number appears on a state or federal Do-Not-Call list, or you have previously opted-out from receiving marketing emails from us. You can withdraw your consent to receive text messages at any time by replying with a text saying “STOP”. After you send a message “STOP” to us, we may send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive text messages from us, unless you thereafter provide consent. If you are experiencing issues with the text messaging program you can reply with the keyword “HELP” for more assistance, or you can get help directly at [email protected].  Neither the carriers, nor BzBizPro.com are liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us, and to us from you.  Message frequency may vary. If you have any questions about your text or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy at https://www.BzBizPro.com/privacy. Consent to receive marketing messages is not a condition to using our services.

You also agree that all personal information you provide to register with the Service is governed by our Privacy Policy, and you consent to all actions BzBizPro.com takes with respect to your personal information consistent with its Privacy Policy. Where it is permitted by law, BzBizPro.com may rely on implied consent. You also represent and warrant that you have obtained all necessary consents for any communications to your employees and customers that are facilitated by or delivered via our Service. 

 

SUBSCRIPTION FEE FOR USE OF BZBIZPRO.COM

Subscription fee

BzBizPro.com has various levels of service that are billed on a subscription basis for the term as specified when you subscribed. When you sign up for a subscription-billing based account, you agree to pay for, and to allow us to bill your credit card (or other payment method provided by you) for, all due charges, including all taxes and other applicable charges, in advance, at regular intervals, in accordance with the term of the Services to which you subscribed. The subscription period can be month-to-month, annual, or another duration described more fully on https://www.bzbizpro.com/plans. You understand and agree that we may elect to modify your billing frequency at any time, without notice, including, for example, billing a monthly subscription on a weekly basis. ALL SUBSCRIPTIONS AUTOMATICALLY RENEW, IF NOT TERMINATED PRIOR TO SUCH AUTO-RENEWAL FOR A PERIOD EQUAL TO THE SUBSCRIPTION PERIOD. For renewals, BzBizPro.com will automatically charge your payment method in the amount of the then-current fee for your type of account, plus applicable taxes. You hereby authorize us to re-bill for any failed billing or past-due amounts, including charging any alternate forms of payment that you have provided. Subscription fees will not be prorated or refunded, except as expressly set forth in this Agreement. We will bill you a full period’s subscription fee and you are responsible for payment of such fee unless the cancellation is within our Money-back guarantee window (see below). We reserve the right to revise pricing, for any or all of our offerings, at any time, and such revised pricing shall become effective upon our provision of notice or as otherwise provided in such notice.  Any fees not paid when due may incur late payment fee equal to the lesser of 1.5% per month or the maximum amount allowed by law.

 

Money-back guarantee

In select agreements, when specifically communicated to you, we offer a money-back guarantee for the first 30 days. We will refund you all the subscription charges if you cancel within this time period. You will not receive a refund for items not included in the baseline monthly subscription fee (including activation fees, postcards, chargebacks, etc.). This money-back guarantee does not apply to re-enrollments, renewals after your first subscription or upgrades. 

To cancel your service and request a refund, please email us at [email protected].

 

Customer Service

You are solely responsible for all customer service issues between you and your customers relating to your services, including pricing, fulfillment, cancellation by you or customer, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and feedback, reviews, or ratings concerning experiences with your personnel, policies or processes. In performing customer service, you will always present yourself as a separate entity from us.

 

Taxes – Sales & Use

To protect our customers and comply with all local laws, we will collect and remit sales tax where required. Not all states enforce sales tax on products and services like BzBizPro.com, so you may not be affected.

 

INTELLECTUAL PROPERTY AND WEBSITE CONTENT

 

Ownership

We or our licensors or partners own the intellectual property rights in the content and materials displayed on Our Website(s), including but not limited to any materials to which you have access via your use of Conquer services (“Site Content”). You may use Our Website(s) (including any Site Content) for your own personal, non-commercial use, but you may not use it for commercial purposes. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Site Content unless explicitly authorized in these Terms of Service or by the owner of the materials. You may, however, from time to time, download and/or print one copy of individual pages of Our Website for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

 

Pro Websites

The Service will allow you to set up a website through which you may advertise and offer your services or goods (“Pro Website”). If you own and wish to use an existing domain name for your Pro Website, you may be required to transfer ownership and management of the domain name to BzBizPro.com. Alternatively, you can request that BzBizPro.com purchase the domain name for use in your Website, in which case BzBizPro.com will purchase such domain name on your behalf if available. In the event you cancel your Pro Website with the BzBizPro.com Website Builder feature of the Service, we will, at your written request, transfer your domain name to any hosting service you identify, and if no instructions for transfer are received within 30 days after your cancellation takes effect, then we will cease to renew your domain name effective upon the next regular renewal date. You acknowledge and agree that this is your sole remedy with regard to the transfer of any domain name following your cancellation of the Pro Website within the Service. If you wish to change the domain name you use for your Pro Website, we will either accept the transfer from you or purchase, if available, the new domain name and transfer to you the domain name previously used by you. The domain name used for your Pro Website is referred to in this Agreement as the “Domain Name.” We will bill you for all charges or fees associated with the purchase, transfer and maintenance of any domain names used by you for your Pro Website. 

 

BzBizPro.com does not make any guarantees, representations or warranties with regard to the search rankings results of Pro Websites,

 

You are responsible for assuring that the Domain Name and any content that you display on your Pro Website do not violate any rights of any third-party, including any intellectual property rights. We may remove your Pro Website at any time if we determine or have reason to believe, in our sole discretion, that your Domain Name may infringe upon the rights of any third-party.

 

Copyright

We respect the intellectual property rights of others and act in accordance with the Digital Millennium Copyright Act (“DMCA”). If you believe that any of your work has been copied or was otherwise used in a way that constitutes copyright infringement, please immediately notify our designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please include the following information in writing to our designated Copyright Agent: (a) a physical or electronic signature and the contact information of the person authorized to act on behalf of the owner of the copyright, (b) a description of the copyrighted work you claim has been infringed, (c) a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material (including the URL address), (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (e) a statement that the information in the Notification is accurate, and, under penalty of perjury, a statement that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed. Please be advised that pursuant to federal law you may be held liable for damages if you make a material misrepresentation in the Notification. Thus, if you are not certain that your copyright has been infringed, you should consider consulting an attorney.

Our Copyright Agent can be reached at the following address:

Yashaa LLC. dba BzBizPro.com

12086 Fort Caroline, STE 301

Jacksonville, Fl 32225

Attention: Copyright Agent

Email: [email protected].

 

If you believe your own copyrighted material has been removed as a result of a mistake or misidentification, you may submit a written counter notification to our designated Copyright Agent using the contact information provided above (“Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (a) identification of the information that has been removed or disabled and the location at which the material appeared before it was removed or disabled, (b) a statement that you consent to the jurisdiction of the U.S. Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located, (c) a statement that you will accept service of process from the party that filed the Notification or the party’s agent, (d) your name, address and telephone number, (e) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled, and (f) your physical or electronic signature.

 

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees.

 

Materials You Provide

You are responsible for all content you provide to BzBizPro.com in connection with your Pro Website, including photos, images, graphics, written content, audio files, or other information or data (the “Materials”). We do not claim any intellectual property rights over the Materials other than the domain name you provide to populate your Pro Website. All Materials you upload remain your property. You can remove the Materials and your Pro Website at any time by deleting your account.

By uploading your Materials, you agree (a) to allow other Internet users to view the Materials you post publicly to your Pro Website, (b) to allow BzBizPro.com to store, and in the case of Materials you post publicly, to display the Materials, and (c) that BzBizPro.com can at any time review any of the Materials although BzBizPro.com is not obligated to do so.

You are responsible for ensuring that your Materials and the content shown on your Pro Website do not violate any law or regulation, do not violate any rights of any third party, including any privacy rights, and do not infringe upon any intellectual property rights of any third party.

Your BzBizPro.com account is not intended to be used for storing sensitive data, including but not limited to consumer credit card or bank account information.  You should not store such data in your BzBizPro.com account, and you acknowledge and agree that BzBizPro.com is not responsible for any storage of such information in your BzBizPro.com account. 

 

ACCEPTABLE USE OF OUR SERVICE

Certain uses of our Service are inconsistent with our mission to improve the experience of our Pros. The following activities are prohibited:

1.    Child exploitation: You may not post or upload Materials that exploit or abuse children, including but not limited to images or depictions of child abuse or sexual abuse, or that present children in a sexual manner.

2.    Harassment, bullying, defamation and threats: You may not post or upload Materials that harass, bully, defame or threaten any person.

3.    Hateful content: You may not use the Service to promote or condone hate or violence against people based on race, ethnicity, color, national origin, religion, age, gender, sexual orientation, disability, medical condition, veteran status or other forms of discrimination. You may not use the Service to promote or support organizations, platforms or people that: (i) promote or condone such hate; or (ii) threaten or condone violence to further a cause.

4.    Illegal activities: You may not post or upload Materials that violate any applicable laws.

5.    Privacy or Intellectual property: You may not post or upload Materials that infringe on the privacy or intellectual property rights of others.

6.    Obscene or offensive content. You may not post or upload any Materials that we find in our sole discretion to be obscene, indecent or offensive in any way.

7.    Malicious and deceptive practices: You may not use the Service to transmit malware or host phishing pages. You may not perform activities or upload or distribute Materials that harm or disrupt the operation of the Service or other infrastructure of BzBizPro.com or others, including any of our third-party providers. You may not use the Service for deceptive practices or activities.

8.    Personally identifiable or confidential information. You may not post or upload any Materials that contain personally identifiable information, sensitive personal information, or confidential information, such as credit card numbers, or account passwords unless you have consent from the person to whom the information belongs or who is otherwise authorized to provide such consent.

9.    Self-harm: You may not offer goods or services, or post or upload Materials that promote self-harm.

10. Spam: You may not use the Services to transmit unsolicited commercial electronic messages.

11. Terrorist organizations: You may not offer goods or services, or post or upload Materials that imply or promote support or funding of, or membership in, a terrorist organization.

12. Service Bureau: You may not, directly or indirectly, use any of our Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, other than as specifically authorized herein;

We may, at any time and without notice, remove any Materials, and suspend or terminate your Account or your access to the Service if you engage in activities that violate this Agreement.

 

COMMUNICATIONS ON YOUR BEHALF

In the event you instruct or authorize BzBizPro.com to communicate to third parties on your behalf (including your customers and prospects), whether via telephone calls, SMS messaging, emails or otherwise, you hereby represent and warrant that you and BzBizPro.com are authorized to engage in such communications, that you shall be deemed to be the sender or originator of such communications, and that such communications shall comply with all applicable laws, rules and regulations, including but not limited to the Telephone Consumer Protection Act, the Telemarketing Sales Rule, CANSPAM, and Federal, State and internal Do-Not-Call lists, and any applicable privacy laws and regulations. 

 

BOOKING SERVICES

BzBizPro.com offers the ability for consumers (“Consumers”) to book your services, interact with you during your services, view line items and work progression, and sign-off on your services, through the BzBizPro.com booking app and website, and other third-party booking services (collectively “Booking Services”). Consumers can utilize Booking Services functionality at job inception by ordering through a Booking Services provider, or after the job has started by linking a consumer BzBizPro.com account to a job that is transacted for them.

 

Booking Services Data

Consumers of Booking Services have the ability to order and transact service work through a Booking Services provider. Consumers on those platforms have the right to access and use service work data for all services performed on properties they own within Pro service records. Consumers may be able to create an account with the Booking Services provider and are additionally subject to the terms and conditions of the Booking Services provider.

 

BZBIZPRO.COM PRODUCTS AND SERVICES

BzBizPro.com offers all of its products, services and content on an “as-is” basis.  This includes any products, services or content including but not limited to those relating to booking, scheduling, invoicing, job pricing, websites, ratings, sales proposals. We may change terms, including pricing, for any products or services, and discontinue any products or services, including Third-Party Services, upon prior notice to you. 

Beta Testing

You may from time to time be invited to participate in the alpha or beta testing of a new proposed product or service (“Beta Product”), which may be free, or for which there may be fees.  Unless you enter into a separate beta agreement with regard to any such Beta Product, you acknowledge and agree that: (a) the Beta Product is not an official product and has not been commercially released for sale by BzBizPro.com; (b) the Beta Product is provided “as is”, and may not operate properly or be fully functional; (c) the Beta Product may contain errors, design flaws or other problems; (d) use of the Beta Product may result in unexpected results, loss of data or communications, or other unpredictable damage or loss; and (e) BzBizPro.com has the right to abandon development of the Beta Product at any time and without any obligation or liability to you. You are solely responsible for maintaining and protecting all data and information that is retrieved, extracted, transformed, loaded, stored or otherwise processed by the Beta Product. 

 

INTERACTIONS AND DISPUTES WITH CONSUMERS

No Warranty or Endorsement of Pros Services

WE DO NOT ENDORSE OR RECOMMEND THE SERVICES OF ANY PARTICULAR PRO. THE DECISION TO ENTER INTO AN AGREEMENT FOR WORK BELONGS ENTIRELY TO THE CONSUMER. WE DO NOT WARRANT PROS’ PERFORMANCE ON THE JOB OR THE QUALITY OF GOODS, MATERIALS, EQUIPMENT OR SERVICES FURNISHED BY PRO. WE DO NOT CONTRACT FOR OR PERFORM, AND ARE NOT RESPONSIBLE FOR, ANY OF THE SERVICES REQUESTED BY THE CONSUMER IN THE SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY PROS OR THE PROS ABILITY TO PROVIDE A SERVICE COMPLIANT WITH THE CONSUMER’S SERVICE REQUEST. YOU EXPRESSLY ACKNOWLEDGE THAT WE MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE QUALITY OF SERVICES RENDERED BY ANY PRO.

 

Relationship Between Pros and Consumers

PROS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTIONS WITH CONSUMERS. CONSUMERS’ RIGHTS UNDER CONTRACTS A CONSUMER ENTERS INTO WITH PROS ARE GOVERNED BY THE TERMS OF SUCH CONTRACTS AND BY APPLICABLE FEDERAL, STATE, PROVINCIAL AND LOCAL LAWS. SHOULD A CONSUMER HAVE A DISPUTE WITH ANY PRO, THE CONSUMER MUST ADDRESS SUCH DISPUTE WITH THE PROS DIRECTLY. WE ARE NOT A PARTY OR THIRD- PARTY BENEFICIARY TO THE CONTRACTS BETWEEN CONSUMERS AND PROS. YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND A CUSTOMER OF YOURS DOES NOT INVOLVE BZBIZPRO.COM. YOU AGREE TO FULLY COOPERATE IN THE EVENT WE RECEIVE A COMPLAINT FROM A CONSUMER ABOUT YOU OR YOUR SERVICES.

 

RELEASE

IN EXCHANGE FOR THE SERVICE PROVIDED BY US AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AND SUFFICIENCY OF WHICH IS HEREBY ACKNOWLEDGED, USER EXPRESSLY AGREES TO RELEASE BZBIZPRO.COM, ITS OFFICERS, DIRECTORS, AFFILIATES, PARENT COMPANIES, PARTNERS, EMPLOYEES AND AGENTS FROM ANY CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE YOU HAVE, EXCEPT THAT THIS RELEASE DOES NOT APPLY TO CLAIMS BY YOU DIRECTLY ARISING OUT OF BZBIZPRO.COM’S MATERIAL BREACH OF THIS AGREEMENT, OR TO THE EXTENT THE FOREGOING RELEASE IS PROHIBITED BY LAW. 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.”

 

NO REPRESENTATIONS OR WARRANTIES

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE CONTENT ON OR SERVICES OF THIS SERVICE FOR ANY PURPOSE. WE DO NOT PROMISE THAT THE SERVICE WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SERVICE OR ANY CONTENT, SEARCH OR LINK ON IT. WE MAKE NO REPRESENTATION THAT YOUR WEBSITE WILL SATISFY ANY REQUIREMENTS OF THE AMERICANS WITH DISABILITIES ACT OR OF ANY OTHER LAW, REGULATION OR ORDINANCE GOVERNING ACCESSIBILITY OF WEBSITES OR PLACES OF PUBLIC ACCOMMODATION OR OF ANY PRODUCTS OR SERVICES. THE SERVICE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SERVICE, DOWNTIME OF THE SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THIS SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THIS SERVICE. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO GUARANTEES OF ANY SPECIFIC RESULT FROM USE OF THIS SERVICE. YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK.

WE MAY FROM TIME TO TIME RECOMMEND, PROVIDE YOU WITH ACCESS TO, OR ENABLE THIRD-PARTY SOFTWARE APPLICATIONS, PRODUCTS, SERVICES, CONTENT OR WEBSITE LINKS INCLUDING THIRD-PARTY SERVICES (“ADDITIONAL SERVICES”) FOR YOUR CONSIDERATION OR USE. SUCH ADDITIONAL SERVICES ARE FOR YOUR CONVENIENCE ONLY AND WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING SUCH ADDITIONAL SERVICES.

 

NO ADVICE

WE MAY PROVIDE YOU WITH ACCESS TO CERTAIN CONTENT, MATERIALS, INFORMATION, COACHING, AND PARTNER AND THIRD-PARTY SERVICES, REGARDING OR RELATING TO YOUR BUSINESS, TAXES, ACCOUNTING, PAYROLL, HUMAN RESOURCES COMPLIANCE, RETIREMENT PLAN SERVICES, BUSINESS AND OTHER INSURANCE SERVICES OR LEGAL INFORMATION, BUT YOU ACKNOWLEDGE AND AGREE THAT NEITHER WE, NOR ANY OF OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS ARE PROVIDING ANY TAX, LEGAL, ACCOUNTING, BUSINESS OR OTHER ADVICE TO YOU, AND YOU AGREE AND ACKNOWLEDGE THAT YOU ARE NOT ENTITLED TO RELY UPON ANY SUCH INFORMATION YOU RECEIVE FROM US OR OUR PARTNERS OR THIRD-PARTY SERVICE PROVIDERS, WHETHER VIA OUR WEBSITE, THE SERVICE OR ANY COMMUNICATIONS WITH US, OR ANY SOCIAL MEDIA OR OTHER INTERNET POSTS. YOU AGREE THAT YOU WILL CONSULT APPLICABLE OUTSIDE PROFESSIONALS WITH REGARD TO ANY TAX, ACCOUNTING, LEGAL OR BUSINESS ADVICE. 

 

LIMITATIONS OF LIABILITY

IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, PARENT COMPANIES, EMPLOYEES AND/OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, AND OTHERWISE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATING TO (1) THIS AGREEMENT, OR THE USE OF, CONTENT IN, DELAY OR INABILITY TO USE, OR OTHERWISE ARISING IN CONNECTION WITH THIS SERVICE, (2) THE CONDUCT OF A USER, PROS OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. WE ARE NOT LIABLE FOR ANY LOST DATA RESULTING FROM THE OPERATION OF THE SERVICE OR THE ENFORCEMENT OF THE TERMS. WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY PROVIDERS, THIRD-PARTY USERS, CONSUMER USERS, ADVERTISERS AND/OR SPONSORS ON THE SERVICE, IN CONNECTION WITH THE SERVICE OR OTHERWISE RELATED TO YOUR USE OF THE SERVICE. BY USING THE SERVICE, YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICE. IN NO EVENT WILL BZBIZPRO.COM’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR STRICT LIABILITY, EVEN IF FORESEEABLE, EXCEED THE SUM OF ALL FEES PAID BY YOU TO BZBIZPRO.COM IN THE PREVIOUS SIX (6) MONTHS. TO THE EXTENT YOUR STATE DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

SECURITY

We have implemented technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will not be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide such information at your own risk, and that we have no liability to you or any third parties due to any unauthorized access to your BzBizPro.com account.

Blocking of IP Addresses and UDIDs

In order to protect the integrity of the Service, we reserve the right, at any time, in our sole discretion, to block Users from certain IP addresses and UDIDs from accessing the Service.

 

TERMINATION OF ACCOUNT

This Agreement will remain in full force and effect while you use the Service and if applicable, after termination of such use.  Some provisions of this Agreement survive termination. Unless otherwise explicitly agreed to, you may terminate your account at any time, for any reason. To cancel an account, please send an email to [email protected]. If you terminate your account, your account will be disabled within 14 days, however, you shall not receive any refund of any fees, including but not limited to subscription fees, unless explicitly stated otherwise herein. We may terminate your account or this Agreement at any time, with or without cause, by sending notice to you at the email address you provide in your account registration, or such other email address as you may later provide to us. All decisions regarding the termination of accounts shall be made in our sole discretion. We are not required to provide you notice prior to terminating your account. We are not required, and may be prohibited, from disclosing a reason for the termination of your account. The provisions of these Terms of Service shall survive and continue to apply after our relationship expires or has been terminated for any reason, except where otherwise required by the context. If you are due a refund for canceling your paid account, a refund will generally be issued to you within 14 days of request to cancel. Upon termination of your account, we may retain your information, including Service Data, but we have no obligation to do so.  

 

JURISDICTION AND CHOICE OF LAW

This Agreement is governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice or conflict of law provision or rule. If there is any legal suit, action, proceeding or other dispute arising out of this Agreement or the use of the Service, by using the Service you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions. You further agree that any dispute that is not required or eligible to be submitted to arbitration, as described below, shall be resolved in the state and federal courts located in Jacksonville, Florida, and you agree to sole and exclusive jurisdiction in Florida. The Service is controlled and operated by BzBizPro.com from its offices within the United States and is intended only for use by users in the United States and Canada. The Service is not intended to subject BzBizPro.com to any non-U.S. jurisdiction or law. BzBizPro.com makes no representation that the information or materials on or linked through the Service is appropriate or available for use in other locations. If a User chooses to access the Service from other locations, it does so on its own initiative and at its own risk and is responsible for compliance with all applicable laws, rules and regulations in its respective location in doing so.

 

DISPUTE RESOLUTION; MANDATORY ARBITRATION

Please read the following arbitration agreement (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with BzBizPro.com and limits the manner in which you can seek relief from us.

a) Applicability of Arbitration Agreement.  You agree that any dispute or claim relating in any way to your access to or use of our Services, Our Website, our platform, and to any products sold or accessed via the Service or Our Website, or to any aspect of your relationship with BzBizPro.com, including any claim regarding the applicability, interpretation, scope, or validity of this Arbitration Agreement, will be resolved by individual (not class or class-wide), confidential, binding arbitration, rather than in court, except that (i) you may assert claims in small claims court if your claims qualify; and (ii) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before or after the effective date of this Agreement or any prior version of this Agreement.

b) Pre-Arbitration Dispute Resolution.  BzBizPro.com prefers to resolve any disputes amicably and efficiently, and we believe most customer concerns can be resolved quickly by emailing customer support at [email protected]. If we are unable to resolve the dispute via our customer support, prior to commencing arbitration, a party must first send to the other, by certified mail, a written notice which must (i) describe in detail the nature and basis of the claim or dispute and (ii) set forth what specific relief is being sought (“Notice”). If sent to BzBizPro.com, the Notice should be sent to BzBizPro.com, 12086 Fort Caroline Road, Suite 301, Jacksonville, Fl  32225 (the “BzBizPro.com Address”) with a copy to [email protected]. If we and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or we may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or we are entitled.

c) Arbitration Rules and Forum.  The arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with the then-current Commercial Arbitration Rules and Mediation Procedures of the AAA (the “AAA Rules”), including any expedited procedures. To initiate an arbitration proceeding, an arbitration claim must be submitted by the claimant (the “Claimant”) to the AAA, and a written Demand for Arbitration must be provided to the other party (the “Opposing Party”), pursuant to the AAA Rules. Arbitration hearings will be held in Jacksonville, FL or any other location that is mutually agreed upon by you and BzBizPro.com. A single arbitrator will be mutually selected by BzBizPro.com and you and shall be (i) a practicing attorney licensed to practice law in Florida or a retired judge; and (ii) selected from the arbitrators on the AAA’s roster of commercial dispute arbitrators who have a background in online SaaS business-to-business providers (or if there are no such arbitrators, then from the arbitrators on the AAA’s roster of commercial dispute arbitrators) (collectively, the “Arbitrator Requirements”). If BzBizPro.com and you cannot mutually agree upon an arbitrator within ten (10) days of the Opposing Party’s receipt of the Demand for Arbitration from the Claimant, then the AAA shall appoint a single arbitrator that satisfies the Arbitrator Requirements. The arbitrator will follow the law and will give effect to any applicable statutes of limitation. The prevailing party shall be entitled to an award of the costs and expenses of the arbitration, including reasonable attorneys’ fees and expert witness fees. The award rendered by the arbitrator shall be final and binding upon you and BzBizPro.com. A judgment on the award may be entered and enforced in any court of competent jurisdiction. BzBizPro.com may, in its sole discretion, commence an action in any state or federal court of competent jurisdiction within the County of Jacksonville, Florida, for any monetary amounts that you owe to BzBizPro.com (each, an “Action”). You hereby waive any objection to jurisdiction or venue, or any defense claiming lack of jurisdiction or improper venue, in any Action brought by BzBizPro.com in such courts.

You and BzBizPro.com agree and acknowledge that this Agreement evidences a transaction involving interstate commerce and that the Federal Arbitration Act (Title 9 of the United States Code) shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Agreement. YOU FURTHER ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT YOU AND BZBIZPRO.COM ARE EACH WAIVING YOUR RESPECTIVE RIGHTS TO A TRIAL BY JURY AS TO DISPUTES HEREUNDER AND THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION PROCEEDING ARISING FROM THIS AGREEMENT.

d) Authority of Arbitrator. The arbitrator shall award to the prevailing party, if any, costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration. If a party prevails on some but not all of the claims and counterclaims, that arbitrator shall award the prevailing party an appropriate percentage of the costs and attorney’s fees reasonably incurred by the prevailing party in connection with the arbitration. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

e) Waiver of Jury Trial.  YOU AND BZBIZPRO.COM HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BzBizPro.com are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in subsections (a) and (c) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

f) Waiver of Class or Other Non-Individualized Relief.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the state or federal courts located in Jacksonville, Florida. All other claims shall be arbitrated. The parties further agree that if for any reason a claim does not proceed in arbitration, the foregoing class action waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple claimants against BzBizPro.com in a single proceeding, except that the foregoing class action waiver shall not prevent you or BzBizPro.com from participating in a classwide, collective, and/or representative settlement of claims. 

g) 30-Day Right to Opt Out.  You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the BzBizPro.com Address in subsection (b) above, within 30 days after first becoming subject to this Arbitration Agreement and by email to BzBizPro.com at [email protected]. Your notice must include your name and address, your BzBizPro.com username (if any), the email address you used to set up your BzBizPro.com account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms of Service will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

h) Severability.  Except as provided in subsection (a), if any part or parts of this Arbitration Agreement (other than subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief”) are found under the law to be invalid or unenforceable, the parties agree to replace such part or parts with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable part or parts, and this Arbitration Agreement will be enforceable as so modified. If any of the provisions of subsection (f) above titled “Waiver of Class or Other Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.

i) Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with BzBizPro.com.

j) Modification.  Notwithstanding any provision in this Agreement to the contrary, we agree that if BzBizPro.com makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing BzBizPro.com at the BzBizPro.com Address. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

k) Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties, subject to any legally required disclosures.

 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless BzBizPro.com, its parents, subsidiaries, affiliates, officers, agents, partners and employees, from and against any loss, liability, claim, demand or suit, including reasonable attorney’s fees, resulting from or arising out of (a) any of your acts or omissions, (b) any violation or breach by you of this Agreement,  (c) claims from your employees or customers, or (d) any claim that your Domain Name, your Pro Website, or any of the Materials, or your use of the Service or any Third-Party Services, violates any law or regulation or any right of any third party, including any right of privacy, or infringes upon any intellectual property rights of any third party.

 

NO THIRD-PARTY BENEFICIARIES

Except as otherwise set forth expressly herein, nothing contained in this Agreement, express or implied, is intended to confer upon any person or entity, other than BzBizPro.com and the Pros, any benefit, right or remedy.

 

RELATIONSHIP OF THE PARTIES

BzBizPro.com and Pros are separate and independent entities, and the employee of one of those entities is not an employee of the other entity. We are not an agent of the Pros and vice versa. In no event will BzBizPro.com be considered a general contractor, construction manager, project manager, joint employer, joint venturer, or partner of Pros or any of its affiliates or their respective personnel.

 

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between you and BzBizPro.com and supersede all oral and written negotiations, communications or representations of the parties, whether verbal or in writing, with respect to the subject matter hereof, except as may provided in a written agreement signed by you and an authorized officer of BzBizPro.com. These Terms of Service may not be modified or amended other than by an agreement signed by both parties. No employee, agent, or other representative of BzBizPro.com has any authority to bind BzBizPro.com with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in these Terms of Service.

 

MISCELLANEOUS

If any provision of this Agreement is found to be unlawful or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the enforceability of any other provisions. The failure by BzBizPro.com to enforce any right or provision of this Agreement will not prevent BzBizPro.com from enforcing such right or provision in the future. No delay, failure or default, other than a failure to pay fees when due, will constitute a breach of this Agreement to the extent caused by an acts of war; terrorism, hurricanes, earthquakes and other acts of God or of nature, fire or flood; strike or labor unrest; degradation of telecommunications service; degradation of computer services not under the direct control of such party; or other causes beyond the performing party’s reasonable control. BzBizPro.com may assign its rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, any other business combination or restructuring, or by operation of law. Users may not assign rights and obligations under this Agreement, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law, without BzBizPro.com’s prior written consent. BzBizPro.com may send notices pursuant to this Agreement to User’s email and phone number contact points provided by User, and such notices will be deemed received at the time they are sent. It is the User’s obligation to keep User’s contact information up to date. Users may send notice pursuant to this Agreement to the email address below.

Any and all dollar amounts in this Agreement refer to U.S. dollars. 

Contact Information

If you have questions or comments about the Service or this Agreement, please contact us at [email protected].

1. Terms

By accessing this website, you agree to comply with these Terms and Conditions of Use, as well as all applicable laws and regulations. You are responsible for ensuring compliance with local laws. If you do not agree to these terms, you are prohibited from using or accessing the site. The content on this website is protected by copyright and trademark laws.

2. Use License

a. You are granted permission to temporarily download one copy of the materials (information or software) from Https://www.bzbizpro.com's website for personal, non-commercial, and temporary use. This is a license, not a transfer of ownership, and under this license, you may not:

• Modify or copy the materials.
• Use the materials for commercial purposes or public display (commercial or non-commercial).
• Attempt to decompile or reverse engineer any software on the Https://www.bzbizpro.com website.
• Remove copyright or other proprietary notices from the materials.
• Transfer the materials to another person or "mirror" the materials on another server.

b. This license will automatically terminate if you violate any of these restrictions and may be terminated by Https://www.bzbizpro.com at any time. Upon termination, you must destroy any downloaded materials in your possession, whether in electronic or printed format.

3. Disclaimer

• The materials on the Https://www.bzbizpro.com website are provided "as is." Https://www.bzbizpro.com disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement of intellectual property. Additionally, Https://www.bzbizpro.com does not guarantee the accuracy, results, or reliability of the materials on its website or linked sites.
• Https://www.bzbizpro.com is not responsible for inactive websites that are still being paid for by users. It is the user’s responsibility to cancel their account.
• Https://www.bzbizpro.com is also not responsible for losses caused by users not following the website builder’s instructions or failing to configure their websites and forms properly to receive contact information.

4. Limitations

Https://www.bzbizpro.com and its suppliers are not liable for any damages (including loss of data or profits, or business interruptions) resulting from the use or inability to use the materials on the website, even if Https://www.bzbizpro.com or its authorized representatives have been informed of the possibility of such damages. Some jurisdictions may not allow limitations on implied warranties or liability for consequential damages, so these limitations may not apply to you.

5. Revisions and Errata

The materials on Https://www.bzbizpro.com’s website may contain technical, typographical, or photographic errors. Https://www.bzbizpro.com does not guarantee that the content on its website is accurate, complete, or up-to-date. The company may change the materials at any time without notice, but is not obligated to update them.

6. Links

Https://www.bzbizpro.com has not reviewed all the websites linked to its site and is not responsible for the content of any linked sites. The inclusion of any link does not imply endorsement by Https://www.bzbizpro.com The use of linked websites is at the user’s own risk.

7. Site Terms of Use Modifications

Https://www.bzbizpro.com reserves the right to revise these Terms of Use at any time without notice. By continuing to use the website, you agree to the current version of these terms.

8. Governing Law

Any legal claims related to Https://www.bzbizpro.com’s website will be governed by the laws of the State of Florida, without regard to conflict of law provisions.

These are the general terms and conditions governing the use of this website.