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Terms of Service

THIS IS A LEGALLY BINDING AGREEMENT. BY CLICKING “I AGREE,” YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, CLICK ON THE “I DECLINE” BUTTON. IF YOU CLICK ON THE “I DECLINE” BUTTON, YOU SHALL NOT BE ABLE TO REGISTER FOR OR USE THE SERVICES OR THIS WEBSITE.

Last updated: April 1, 2010

Your Agreement with BizKeys

BizKeys Inc. (referred to in this agreement as "BizKeys," “we,” or “us”) operates this website and the pages of this web site (collectively, the "Web Site") in order to provide information about and/or to deliver products and services offered by BizKeys companies. We require all users and viewers of the Web Site to agree to the terms of this agreement (the “Agreement”) as a condition to accessing or using our Web Site.

WE MAY MODIFY THIS AGREEMENT AT ANY TIME AND FROM TIME TO TIME IN OUR SOLE DISCRETION WITHOUT NOTICE TO YOU. YOU SHOULD PERIODICALLY REVIEW THIS AGREEMENT CAREFULLY IN ORDER TO MAKE SURE THAT YOU ARE AWARE OF THE MOST CURRENT TERMS AND CONDITIONS FOR THE USE OF THE WEBSITE, BECAUSE ANY USE OR VIEWING OF THE WEBSITE BY YOU AFTER ANY CHANGE TO THIS AGREEMENT, WHETHER OR NOT YOU HAVE REVIEWED THE AMENDED AGREEMENT, CONSTITUTES YOUR ACCEPTANCE OF THE AGREEMENT AS CHANGED.

Membership

In order to access the BizKeys Web Site, you must register an account with BizKeys and become a "Member." You agree to provide accurate and complete information when registering and to keep such account information updated. When you sign up to become a Member, you will also be asked to choose a password.

A subscriber fee to BIZKEYS will be based on a monthly fee. This monthly fee entitles a subscriber to all services provided by bizkeys.com.You will be billed at the end of each month for access to and use of the Web Site and services for the prior month. There will be no refunds or credits for partial months of service, or refunds for months unused for an open account. Prices of all services, are subject to change upon 30 day notice. Such notice may be provided at any time by posting the changes to the MYBIZKEYS page and/or by email.

Your subscription can be canceled at anytime, for any reason prior to end of the monthly billing date, without charge or penalty, including the initial month of your subscription. You are solely responsible for properly canceling your account. The Account screen provides a simple no questions asked cancellation link. Immediately upon cancellation, all content related to your account will be deleted. WARNING: THIS INFORMATION CANNOT BE RECOVERED OR RESTORED FOLLOWING CANCELLATION OF YOUR ACCOUNT.  To insures that content will be available, all information should be removed and saved to another location.

Upon registering for use of the Web Site, you must choose to pay either by direct charge to a credit or a debit card, and, in doing so, you authorize BizKeys to charge your credit or debit card to pay for any charges that may apply to your account as they accrue. You must notify BizKeys of any changes to your card account (including, without limitation, applicable account number or cancellation or expiration of the account), your billing address, or any information that may prohibit BizKeys from charging your account. Failure to make any payment as set forth herein shall be deemed to be a material breach of this Agreement and shall be sufficient cause for the immediate termination of this Agreement by BizKeys. All charges shall be exclusive of any applicable taxes. You are responsible for the payment of all federal, state, and local sales, use, value added, excise, duty and any other taxes assessed, other than taxes based on BizKey's net income.

You may cancel your service at any time without penalty. You are solely responsible for properly canceling your account. The Account screen provides a simple no questions asked cancellation link. Immediately upon cancellation, all content related to your account will be deleted. This information can not be recovered or restored following cancellation of your account.

Your registration with the Web Site is for your own personal and business use. You may not assign or otherwise transfer your account to any other person or entity or allow any other person to use your account. You are solely responsible for the activity that occurs through your account on the Web Site (“Membership”), and you agree to keep your password secure. BIZKEYS WILL NOT BE LIABLE FOR, AND BIZKEYS EXPRESSLY DISCLAIMS, ANY COSTS OR LOSSES CAUSED BY ANY UNAUTHORIZED USE OF YOUR MEMBERSHIP, BUT YOU MAY BE LIABLE FOR THE COSTS OR LOSSES OF BIZKEYS OR OTHERS DUE TO SUCH UNAUTHORIZED USE. You agree to notify BizKeys immediately if you suspect any breach of security or unauthorized use of your Membership.

BizKeys may place limits on, modify, suspend, or terminate the Web Site generally and, in addition to other remedies available to BizKeys, may suspend or terminate your use of the Web Site if you fail to comply with this agreement. BizKeys may use technology or other means to protect the Web Site, to protect its customers, or stop you from breaching this agreement.

BizKeys reserves the right, but has no obligation, to monitor or screen for proprietary content, both in real time and in the Web Site’s archives. BizKeys shall have the right in its sole discretion to: (i) remove any material or suspend or terminate your account or use of the Web Site if in Bizkeys' sole opinion such material or use violates, or is alleged to violate, any applicable law or this Agreement.

Restrictions on Use of the Web Site

You may not do any of the following: (a) “frame” or “mirror” any portion of the Web Site, or access the Web Site in any way other than by the interfaces provided by BizKeys; (b) use any robot, spider, other automatic device, or manual process, to “screen scrape,” monitor, “mine,” or copy any portion of the Web Site; (c) use any device, software, methodology, or routine to interfere with the proper working of the Web Site or servers, networks connected to the Web Site, or the use and enjoyment of the Web Site by any third party; (d) reverse engineer any of our technology, including without limitation any applets associated with the Web Site; (e) access data of which you are not an intended recipient or log into a server or account on a network related to the Web Site that you are not expressly authorized to access; (f) harvest or collect information about other Web Site users; (g) restrict or inhibit any other person from using the Web Site, including without limitation by means of "hacking" or defacing any portion of the Web Site; (h) use any portion of the Web Site as a destination linked from any unsolicited bulk messages or unsolicited commercial messages; (i) in any other way interfere with, overburden, or disrupt the proper operation of the Web Site or use the Web Site in a way that harms BizKeys, any customer of BizKeys, or any other person; (j) engage in any activities related to the Web Site that are contrary to applicable laws or regulations; or (k) attempt to do, or assist anyone else with doing or attempting, any of the foregoing or any act that might reasonably lead to the foregoing.

Legal Information not Legal Advice

The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. BizKeys publishes general information on legal issues commonly encountered. However, because the law changes rapidly, BizKeys cannot guarantee that any or all of the information on the Site is current.

Use of and access to this Web site do not constitute an attorney-client relationship. If you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.

Links from the Web Site

The Web Site may contain links to third-party web sites that are provided solely as a convenience. The inclusion of any link does not represent or imply any affiliation, approval, or endorsement by BizKeys of any product or information relating to such web site, and BizKeys has conducted no investigation regarding such. Under no circumstances will BizKeys be responsible for, and BizKeys expressly disclaims, the information contained on a linked web site or your use of or inability to use it.

Accuracy of Information

The information and materials on the Web Site may contain typographical errors or inaccuracies and Bizkeys may in its sole discretion, without any obligation and without any notice to you, change the information, materials, and descriptions on the Web Site or discontinue or change any product or service described in or offered on the Web Site at any time. While BizKeys makes every effort to ensure that the information on this website is accurate, we do not endorse nor make any representations or warranties as to the accuracy or reliability of any information provided on the Web Site. BizKeys does not undertake any obligation or responsibility to update or amend any such information.

Privacy Policy.

You acknowledge that you have read and understand the BizKeys Web Site Privacy Policy, which concerns the collection and use of your personal information by BizKeys in conjunction with or related to use of the Web Site and electronic communications with BizKeys. The BizKeys Web Site Privacy Policy is in addition to any other privacy policy relating to your relationship with BizKeys as to which BizKeys may notify you from time to time.

You agree that we may disclose any information you submit if we have a right or duty to do so, if we are compelled or permitted by law to do so, as directed by you, and/or as necessary to provide you with products or services you have requested. Any information, questions, comments, suggestions, or ideas that you send to us by or through the Web Site or at any e-mail address we have provided on the Web Site will be treated as being non-confidential and non-proprietary as to you, and we will be free to use the same for any purpose whatsoever (including without limitation for the purposes of developing and marketing products and services) without paying any compensation to you, and the same shall be deemed our property upon receipt.

BizKeys may use certain technology on the Web Sites to collect information from visitors and compile aggregate statistical information about how visitors use the Web Site, including without limitation information relating to the frequency of visits, the average length of visits, which pages are viewed during a visit, and the links to other web sites invoked during a visit, the domain name and IP address from which visitors are connecting, and the type and version of web browser. BizKeys may use this information to improve the web site content and performance. No individually identifiable information is collected for this purpose and BizKeys does not monitor individual visitor behavior.

Proprietary Rights

You acknowledge and agree that all right, title and interest in the Web Site and all works of authorship and other materials contained on the Web Site, including without limitation any software, data, text, photos, pictures, graphics, images, audio and video clips, logos, icons, and links, and the selection and arrangement thereof (collectively, the “Content”) is exclusively the property of BizKeys and/or its licensors and that we have granted you no license or rights whatsoever in or to any Content except as expressly set out in this Agreement. Unless you have written permission of BizKeys for commercial use of the Web Site, the Web Site is for your personal, non-commercial use only and you may view, download, and print Content only for your own personal use. You may not modify, copy, distribute, transmit, sell, transfer, broadcast, circulate, display, perform, reproduce, publish, license, create derivative works from, or otherwise use in any other way for commercial or public purposes, in whole or in part, any Content or products or services obtained from this web site, except for the purposes expressly provided herein, without BizKeys's prior written approval. If you copy or download anything from this web site, you agree that you will preserve any copyright notices or other such notices contained therein.

You also acknowledge and agree that the BizKeys names and logos and all related product and service names, design marks, and slogans appearing on the Web Site, along with the names and trademarks or service marks of third parties referenced on the Web Site (collectively, the "Marks"), are the exclusive property of BizKeys or such third parties and that we have granted you no license or rights whatsoever in or to any Marks. You agree not to use any Marks, including without limitation any use as or in metatags on other web sites, without our prior express written consent and/or the prior express written consent of the owner of the applicable Mark.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any Content or infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail): (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 online 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 the service provider to locate the material; (iv) information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) 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 (vi) a statement that the information in the notification 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.

The designated Copyright Agent to receive notifications of claimed infringement for BizKeys is: Jack Hobbs, 5525 Old Dayton Pike, Chattanooga, TN 37415.

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

Web Site Availability

BizKeys does not warrant that, a) the service will meet your specific requirements, b) the service will be uninterrupted, timely, secure, or error-free c) the results that may be obtained from the use of the service will be accurate or reliable, d) the quality or any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and e) any errors in the Service will be corrected.

Your Profile; Notification by e-mail

There may be information regarding the Web Site or your account that the law requires BizKeys to send you or that BizKeys believes you should be made aware of. BizKeys may send you this information in electronic form, and you must provide a valid e-mail address during the ordering process for this purpose. You consent to receive any notices electronically. If your e-mail address changes, you agree to update your e-mail address through the “Account Settings” portal of the Web Site. BizKeys will not use your e-mail address for any other purpose and will not sell or rent it to any other party.

Indemnification

You agree to defend or settle any third-party claim against BizKeys, and otherwise to indemnify and hold BizKeys and its directors, officers, employees, agents, and affiliates harmless from all losses and costs (including without limitation reasonable attorney fees and expenses), arising from or related to your use of the Web Site or your breach of this Agreement.

Exclusion of Warranties; Errors and Interruptions

BIZKEYS PROVIDES THE WEB SITE "AS-IS," "WITH ALL FAULTS," "AS AVAILABLE," AND “WHERE AVAILABLE AND PERMITTED.” BIZKEYS DOES NOT MAKE ANY EXPRESS WARRANTIES OR GUARANTEES, AND BIZKEYS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, WORKMANLIKE EFFORT, OR FITNESS OR SUITABILITY FOR A PARTICULAR PURPOSE (WHETHER OR NOT BIZKEYS KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED, OR OTHERWISE IS IN FACT AWARE OF ANY SUCH PURPOSE), WHETHER ALLEGED TO ARISE BY LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING, OR OTHERWISE. BIZKEYS DOES NOT MAKE ANY WARRANTY THAT THE CONTENT IN THE WEB SITE SATISFIES GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION REGARDING FINANCIAL PRODUCTS OR SERVICES. BIZKEYS DOES NOT GUARANTEE OR WARRANT THAT ANY FILE AVAILABLE FOR DOWNLOADING FROM THE WEBSITE WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES.

CONTENT IN THE WEB SITE IS DEVELOPED FOR USE IN THE UNITED STATES, AND BIZKEYS DOES NOT MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER COUNTRY.

Limitations of Liability

BIZKEYS WILL NOT BE LIABLE TO YOU (NOR TO ANY PERSON CLAIMING RIGHTS DERIVED FROM YOUR RIGHTS) FOR ANY DAMAGES INCLUDING WITHOUT LIMITATION DIRECT DAMAGES (INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, TREBLE OR EXEMPLARY DAMAGES OF ANY KIND OR ANY LOST OR DAMAGED DATA, LOST PROFITS ORE LOST REVENUE), WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, AND REGARDLESS OF WHETHER BIZKEYS WAS ADVISED, HAD OTHER REASON TO KNOW, SHOULD HAVE ANTICIPATED, OR IN FACT KNEW OF THE POSSIBILITY OF SUCH DAMAGES OR THAT DIRECT DAMAGES WOULD NOT BE A SATISFACTORY REMEDY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

THESE LIMITATIONS APPLY EVEN IF THE REMEDY AVAILABLE TO YOU DOES NOT FULLY COMPENSATE YOU FOR YOUR LOSS OR FAILS OF ITS ESSENTIAL PURPOSE. THE PROVISIONS OF THIS SECTION ARE INDEPENDENT OF, SEVERABLE FROM, AND TO BE ENFORCED INDEPENDENTLY OF ANY OTHER ENFORCEABLE OR UNENFORCEABLE PROVISION OF THIS AGREEMENT.

General Legal Provisions

This Agreement is the entire agreement between you and BizKeys related to the Web Site, replacing any prior or contemporaneous communications, agreements, and understandings with respect to the subject matter hereof. The section titles in this agreement do not limit the other terms of this Agreement.

If for any reason a court of competent jurisdiction finds any provision of this Agreement, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement and the remainder of this Agreement shall continue in full force and effect.

This Agreement is governed by Tennessee law, excluding Tennessee 's choice-of-law rules. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS THE FEDERAL OR STATE COURTS SITTING IN CHATTANOOGA, TENNESSEE. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings. Nothing in this Agreement limits either party's ability to seek equitable relief. BizKeys shall be entitled to reasonable attorneys’ fees and costs in connection with enforcing any provision of this Agreement.

Any claim related to this Agreement or the Web Site may not be brought unless brought within the one-year period beginning on the date when the claim first could be filed. If it is not filed, then that claim is permanently barred. This applies to you and your successors as well as to BizKeys and its successors and assigns. You may notify us by mail at 5525 Old Dayton Pike, Chattanooga, TN 37415. We do not accept e-mail notices. Failure to enforce any provision will not constitute a waiver of that provision.

Nothing in this agreement creates an agency, partnership, or joint venture. There are no other third party beneficiaries to this agreement.

BizKeys may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Web Site or any part of Web Site except as otherwise expressly provided in this agreement.