You represent and warrant that You are at least 18 years of age and of legal competence to enter into this agreement. If You are using the Site on behalf of Your employer, You represent and warrant that You are authorized to accept these Terms on behalf of Your employer.
These Terms are subject to modification at any time, except as otherwise provided. By continuing to access or use the Site, You accept any changes or revisions to the Terms.
IF YOU DO NOT AGREE TO ALL OF THESE TERMS DO NOT USE BIZSHARK.COM
References to “Bizshark,” “You,” “we,” and “us” in these terms include (where appropriate) our respective subsidiaries, parent companies, members, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services provided by Bizshark.
1. Accounts and Logins
a) You represent and warrant that all information You provide in connection with the creation of an account on the Site (“Account”) is accurate and true. You agree that, if any Account information changes, You will update Your Account to maintain accurate information.
b) In connection with Your creation of an Account, You will create a Login and Password. You agree that You will not distribute Your Login or Password to any other person, and You will not authorize use of Your Account by any other person. You agree that You will not transfer, sub-license, sell, or assign Your rights in Your Account to any other person.
c) If You believe that a third-party has gained access to Your Account, You agree to notify Bizshark by sending an email to firstname.lastname@example.org. Bizshark reserves the right to terminate Your Account at any time for any reason. If Your Account is terminated Bizshark has no obligation to retain any data associated with Your Account.
d) Any unauthorized use of Your Account by any third-party is subject to these Terms as though You were using the Account.
e) To cancel Your Account at any time for any reason, You may do so through the Account Settings page at bizshark.com/users/edit.
2. License to Use Bizshark.com
a) Bizshark grants You a personal, non-exclusive, non-transferable, limited and revocable license to use the Site subject to the Terms. You may use the Site and information acquired from it for either personal or commercial purposes, provided that such commercial use is not for the purposes of a data brokerage, bulk access or to determine consumer eligibility for any purpose covered by the Fair Credit Reporting Act (as further described herein) and at all times personal or commercial usage must be for lawful purposes. You may not use the Site in a manner that exceeds the rights granted for Your use.
b) Other than connecting to the Site by http request using a web browser, You may not attempt to access Bizshark’s servers or the Site by any means. In particular, You are prohibited from scraping, crawling, data-mining, or using any robot, spider, or other automatic device to send queries to the Bizshark’s servers or the Site. You may not use the Site to compile data or images for resale by any commercial entity.
c) You agree not to disrupt, modify or interfere with the Site, or its associated software, hardware, and servers in any way. You agree not to impede or interfere with others’ use of the Site. You further agree not to alter or tamper with any information or materials on or associated with the Site.
d) You may not use the Site or any information acquired from it:
i) to engage in activities that would violate applicable local, state, national or international law, or any regulations having the force of law, including the laws, regulations, and ordinances of any jurisdiction from which You access the Site or the location of any person searched;
ii) to send any type of spam, junk mail, or unsolicited communications;
iii) to evaluate a consumer’s eligibility for credit or insurance to be used primarily for personal, family, or household purposes, to evaluate a person’s eligibility for employment purposes, to evaluate a person’s eligibility for a government license or benefit, to evaluate a person for renting a dwelling property, or for any other purpose specified in the Fair Credit Reporting Act (15 U.S.C. § 1681b);
Bizshark may assign this agreement at any time without notice to You. You may not assign this agreement to anyone else, and any attempt to assign shall be void.
4. Information Available Through The Site
a) Bizshark.com is a business search engine that aggregates data from multiple online and offline data sources.
b) The information provided on the Site is not verified for accuracy and Bizshark makes no guarantees about the accuracy, legitimacy, or legality of any information or how recently any information was collected or updated. As a user of the Site, You agree that there are no warranties or guarantees whatsoever regarding the information provided. Further, You agree to rely on the information available through the Site at Your own risk.
c) Nothing on this Site constitutes investment advice, including press releases, investor relations materials or SEC filings. Any such detail about a business on this Site is provided for your convenience and information only. No material on this Site should be construed as an offer to sell or solicitations of an offer to buy any security. We do not generate the publicly traded company stock prices for our Site. Stock quotes may not be accurate or timely. You should always consult a stock broker or other authorized financial advisor or representative to establish actual stock prices before making any stock trades or other financial decisions.
6. Payment Policy
a) Bizshark maintains a Payment Policy regarding all payments made to Bizshark in connection with subscriptions. This policy can be accessed at http://www.bizshark.com/payment and is incorporated herein by reference.
7. Communications from Bizshark/Bizshark.com
As a subscriber to the Site, you may, from time to time, receive e-mail communications from us about your account or features of our service. You may elect to opt-out of these communications at any time by following the instructions and link provided within the e-mail communication.
8. Links to Other Websites
You may find links to other Internet sites or resources on the Site that offer content, goods, or services. You acknowledge and agree that Bizshark has no responsibility or liability (directly or indirectly) for: the availability of such external sites or resources; any content, advertising, products, or other materials on or available from such sites or resources; any damage, loss, claim, or complaint (actual or alleged) caused by, arising from, or in connection with Your use of or reliance on any such content, goods, or services available on or through any such site or resource.
9. Bizshark’s Intellectual Property
a) Bizshark is the exclusive owner of trademark rights in the Bizshark mark, copyright in the software used through the Site, copyright in the Site’s screen displays, and all other rights in the Bizshark.com website and technology under U.S. and international intellectual property laws.
b) Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise.
c) Except as expressly authorized by Bizshark, You agree not to use the Bizshark trademark or any mark confusingly similar. You agree not to reproduce, distribute, display or create derivative works of any part of the Site or any information presented to You through the Site, in whole or in part. This prohibition includes unauthorized copying or distribution of any of the content displayed or used on the Site, framing content from the Site, or creating any unauthorized derivative work.
d) Bizshark uses third-party trademarks on the Site to identify the owners of those marks. Use of any third-party trademark is meant only to identify the trademark owner and its goods and services, and is not intended to imply any association or sponsorship between the trademark owner and the Site or with Bizshark.
10. Submission of Confidential Information and Ideas
From time to time users submit ideas to Bizshark for improving the Site either by email or in the course of a customer service interaction. Bizshark has no obligation to treat this material as confidential information. To the extent that You wish to have Your idea remain confidential, to retain rights in Your idea, or wish to be compensated for submission of Your idea, please do not submit it to Bizshark.
11. Intellectual Property Claims
a) If You believe that Your copyright has been infringed in any way by the Site, promptly provide in writing the following information to email@example.com:
i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single on-line site are covered by a single notification, a representative list of such works at that site;
iii) Identification of the material that is claimed 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 reasonably sufficient to permit us to locate the material;
iv) Information reasonably sufficient to permit Bizshark to contact You, such as an address, telephone number and e-mail address;
v) A statement that You have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law;
vi) A statement that the information in the notice is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b) The Designated Agent for the Site is: Angela Saverice-Rohan, General Counsel Attn: DMCA Designated Agent 556 S. Fair Oaks Ave. Suite # 101-179 Pasadena, CA 91105
c) If You believe that Your other intellectual property rights have been infringed in any way by the Site, please provide a detailed description of the alleged infringement for further investigation via e-mail to firstname.lastname@example.org. Bizshark’s receiving, investigating, or responding to Your e-mail shall not constitute Bizshark’s agreement or verification of Your claim(s) nor any admission of liability therefor. Bizshark makes no commitment, covenant, promise, warranty, representation, or guarantee that it will receive, review, investigate, or respond to Your claim within any particular time.
a) Any notices to be given to Bizshark under these Terms shall be made in writing to email@example.com or to the following address: Bizshark, Inc. 556 S. Fair Oaks Ave. Suite # 101-179 Pasadena, CA 91105
b) You agree that Bizshark can send You electronic notices to the e-mail address that You provided to Bizshark in creating Your Account or by displaying the notice on the Site. You agree that all notices, agreements, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.
a) YOU USE THE SITE AT YOUR SOLE RISK (INCLUDING BUT NOT LIMITED TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, DAMAGE RESULTING FROM RELIANCE ON INFORMATION FROM THE SITE, OR OTHER DAMAGES THAT RESULT FROM OBTAINING ANY CONTENT FROM THE WEBSITE INCLUDING COMPUTER VIRUSES) EVEN IF BIZSHARK HAS BEEN ADVISED OF OR IS AWARE OF THE RISK OF SUCH DAMAGE. TO THE EXTENT PERMITTED BY LAW, BIZSHARK PROVIDES THE SITE, THE SERVICES, THE INFORMATION AND THE CONTENT “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS,” WITHOUT WARRANTY OF ANY KIND, AND BIZSHARK SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.
b) NO INFORMATION OR ADVICE PROVIDED ON THE SITE, BY BIZSHARK, OR BY BIZSHARK’S EMPLOYEES OR AGENTS SHALL CREATE ANY WARRANTY.
c) BIZSHARK MAKES NO WARRANTY, REPRESENTATION, COVENANT, OR GUARANTEE WHATSOEVER, EXPRESS OR IMPLIED:
i) AS TO THE VALUE, QUALITY, TIMELINESS, USEFULNESS, RELIABILITY, SECURITY, SUITABILITY, TRUTHFULNESS, OR COMPLETENESS OF THE SITE, THE SERVICES, THE INFORMATION, OR THE CONTENT;
ii) THAT THE SITE WILL OPERATE UNINTERRUPTED OR ERROR-FREE;
iii) THAT THE SITE, THE SERVICES, THE INFORMATION, OR THE CONTENT WILL MEET YOUR NEEDS OR EXPECTATIONS;
iv) AS TO THE QUALITY OR VALUE OF ANY OF BIZSHARK’S PRODUCTS, SERVICES, CONTENT, INFORMATION, OR OTHER MATERIAL YOU PURCHASE OR OBTAIN VIA THE WEBSITE; OR
v) THAT ANY ERRORS ON THE SITE WILL BE CORRECTED.
14. Limitation of Liability
a) To the extent permitted by law, Bizshark shall have no liability, relating to Your use of (or connection to) the Site, for:
i) consequential, incidental, exemplary, special, or punitive damages even if advised of the possibility of such (including, but not limited to, loss of business, profits, business information, or business interruption, or any other pecuniary loss); or
ii) for direct damages, actually proven, exceeding $1,000.00 USD. This limitation shall be enforced even if it causes an exclusive remedy to fail of its essential purpose.
b) Bizshark reserves the right, at any time, in Bizshark’s sole and exclusive discretion, to amend, modify, suspend, or terminate the Site, any services, information or content, or any part thereof, and/or Your use of or access to them, with or without notice. Bizshark shall have no liability to You or any other person or entity for any modification, suspension, or termination, or any loss of related information.
a) You agree to defend, indemnify, and hold Bizshark, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, Your violation of these Terms or Your use of the Site.
b) Bizshark reserves the right to assume exclusive control of its defense in any matter subject to Your indemnification, which shall not excuse Your obligation to indemnify Bizshark. You shall not settle any dispute subject to Your indemnification under these Terms without written consent from Bizshark.
16. Choice of Law
a) If You are a citizen or resident of the United States, the law of the state of Your residence governs this contract and any claim or dispute that You may have against us, without regard to that state’s conflict of laws rules, to the extent that such law is not preempted by federal law. If You are a citizen or resident of another country, the law of the State of California shall apply.
b) The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
17. Agreement to Arbitrate
Please read this carefully. It affects your rights.
a) Disputes Subject to Arbitration. Bizshark and You agree to arbitrate all disputes and claims between us, including, but not limited to: • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; • claims that arose before this or any prior agreement between us (including, but not limited to, claims relating to advertising or disclosures); and • claims that may arise after the termination of this agreement. Notwithstanding the foregoing, either party may bring an individual action in small claims court, provided that it seeks relief that does not affect other customers.
Any dispute as to the arbitrability of claims or the scope or enforceability of this arbitration provision, or as to the interpretation of paragraph (18)(e) below, is for the court to decide. These Terms evidence a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of the agreement between us.
(b) Starting the Dispute-Resolution Process. A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Bizshark should be addressed to: General Counsel, Bizshark, Inc., 556 S. Fair Oaks Ave., Suite # 101-179, Pasadena, CA 91105 (“Notice Address”). The Notice must (a) provide Your mailing address, phone number, and account name (if any); (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought (“Demand”). If Bizshark and you do not reach an agreement to resolve the claim within 45 days after the Notice is received, You or Bizshark may commence an arbitration proceeding with the American Arbitration Association (“AAA”).
(c) Costs of Arbitration. Bizshark will pay all AAA filing, administration, and arbitrator fees for any arbitration we initiate. The payment of those fees for any arbitration that You initiate will be governed by the AAA Rules. The filing fee currently is $125 for claims for up to $10,000 in damages, but is subject to change by the AAA. However, if you initiate arbitration in accordance with the notice requirements of paragraph (18)(b) and are seeking relief valued at $300 or less (both to You and us), Bizshark will pay all AAA filing, administration, and arbitrator fees. If your claim is for greater than $300 but less than $10,000, Bizshark will pay all such fees in excess of $20. After Bizshark receives notice at the Notice Address that You have commenced such arbitration, Bizshark will promptly reimburse you for any portion of the filing fee that you paid that Bizshark has agreed to pay. If the arbitrator finds that either the substance of Your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all AAA filing, administration, and arbitrator fees shall be governed by the AAA Rules, and You agree to reimburse us for any amounts we have paid on Your behalf to the AAA.
(d) Arbitration Procedures. The arbitrator shall be bound by the terms of this arbitration provision. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the AAA, as modified by this arbitration provision. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The AAA shall administer the arbitration. If the AAA is unavailable, the arbitration will be administered by another arbitration provider that the parties agree to or that the court selects. Unless Bizshark and You agree otherwise, any arbitration hearings will take place in the county (or parish) of Your residence at the time of the filing of the Demand. If you bring a claim for $10,000 or less, we agree that You may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If Your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Arbitrators may consider but shall not be bound by rulings in prior arbitrations involving different customers. Arbitrators shall be bound by rulings in prior arbitrations involving the same customer to the extent required by applicable law. Unless the parties agree otherwise, You and we must bring all directly related claims in a single arbitration proceeding. If You or we later initiate a subsequent arbitration asserting claims that are directly related to ones that were raised in a prior arbitration between the same parties, the AAA or the arbitrator shall either (i) consolidate the subsequent arbitration with the earlier proceeding if it is ongoing or (ii) dismiss any claims raised in the subsequent arbitration that would be barred by applicable law if brought in court. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Although under some laws Bizshark may have a right to an award of attorneys’ fees and expenses if it prevails in an arbitration, Bizshark agrees that it will not seek such an award unless You are represented by an attorney and the arbitrator has determined that Your claim is frivolous or brought for an improper purpose (as measured by the standards of Federal Rule of Civil Procedure 11(b)).
(e) Prohibition of Class or Representative Actions and Non-Individualized Relief. YOU AND BIZSHARK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. Further, unless both You and Bizshark agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. The arbitrator may award any relief that a court could award, so long as the relief is individualized to the claimant and would not affect other Bizshark users. Neither You nor we may seek non-individualized relief that would affect other Bizshark users. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
(f) Future Changes to Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, we agree that if Bizshark makes any future change to this arbitration provision (other than a change to the Notice Address, website links, or telephone numbers listed in this provision), any such changes will not affect disputes that arose before the effective date of the change.
18. Entire Agreement
These Terms and any policies posted on the Site constitute the entire contract between You and Bizshark and supersede all previous written or oral contracts. Except as provided in paragraph (17)(e), if any part of the Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
19. About Bizshark
Bizshark.com is owned and operated by Spokeo, Inc.(dba “Bizshark”).
Last Revised: October 01, 2012