Conditions of Use
Terms and Conditions
1. Introduction.
Please read this web page carefully. It contains the Terms and Conditions
governing your access to and use of the Biz Partner Hunt Web Site. If you do
not accept these Terms and Conditions or you do not meet or comply with their
provisions, you may not use the Site. If you are a business ad poster using the
Site, you may have entered into a Service Agreement with Biz Partner Hunt, in
which case these Terms and Conditions, including the Exhibits attached hereto,
are part of and incorporated into that Service Agreement. These Terms and
Conditions are effective as of March 11, 2007.
2. Binding Agreement.
These Terms and Conditions, together with all Exhibits to these Terms and
Conditions (as they may be amended from time to time by Biz Partner Hunt) form
a binding agreement (the "Agreement") between you and Biz Partner Hunt. Your
access to or use of the Site indicates your acceptance of these Terms and
Conditions. You are agreeing to use the Site at your own risk.
3. Acceptable Use of the Site.
3.1 General Use Rules.
The Site is intended for individuals seeking a business partner or other new
business opportunities. You may use this Site only for lawful purposes within
the stated context of Biz Partner Hunt's intended and acceptable use of the
Site. Biz Partner Hunt is the sole interpreter of the Site’s intended and
acceptable use
3.2 License to Use by Users who
are Seeking a Business Partner.
Biz Partner Hunt hereby grants you a limited, terminable, non-exclusive right
to access and use the Site only for your personal use seeking business partner
or investment opportunities for yourself. This authorizes you to view and
download a single copy of the material on the Site solely for your personal,
noncommercial use. You agree that you are solely responsible for the content of
any Document you post to the Site and any consequences arising from such
posting. Your use of the Site is a privilege. Biz Partner Hunt reserves the
right to suspend or terminate that privilege for any reason at any time, in its
sole discretion.
4.4 Other Specific Rules.
You represent, warrant and agree that you will not use (or plan, encourage or
help others to use) the Site for any purpose or in any manner that is prohibited
by these Terms and Conditions or by applicable law. It is your responsibility to
ensure that your use of the Site complies with these Terms and Conditions and
all applicable laws.
4.5 Posting Guidelines, Conduct
and Security. You agree to comply with the "Posting Guidelines" for
posting, conduct and security on the Site.
5. Intellectual Property Rights. The Site and all right, title and interest in and to the
Site is the sole property of Biz Partner Hunt or its licensors, and is
protected by U.S. copyright and international treaties. Except for the limited
licenses expressly granted to you in these Terms and Conditions,
Biz Partner Hunt reserves for itself and its licensors all other right, title
and interest. Without limitation on the foregoing, you may not reproduce,
modify, display, sell, or distribute the Content, or use it in any other way for
public or commercial purpose. This includes copying or adapting the HTML code
used to generate Web pages on the Site. "Biz Partner Hunt," the
Biz Partner Hunt design logo and certain other names or logos are service
marks or trademarks of Biz Partner Hunt, and all related product and service
names, design marks and slogans are the service marks or trademarks of
Biz Partner Hunt. In addition, the "look" and "feel" of the Site (including
color combinations, button shapes, layout, design and all other graphical
elements) are also protected by Biz Partner Hunt's trademarks, service marks
and copyrights. All other product and service marks contained on the Site are
the trademarks of their respective owners.
6. Disclaimers and Limitations
on Biz Partner Hunt's Liability.
6.1 Allocation of Responsibility Biz Partner Hunt assumes no responsibility for ads posted by Users and
no responsibility for the activities, omissions or other conduct of Users.
Biz Partner Hunt acts as a portal for the online distribution and publication
of User submitted information and has no obligation to screen communications or
information in advance and is not responsible for screening or monitoring
Documents posted by Users. If notified by a User of a Document which allegedly
does not conform to this agreement, Biz Partner Hunt may investigate the
allegation and determine in good faith and in its sole discretion whether to
remove or request the removal of such ad. Biz Partner Hunt has no liability or
responsibility to Users for performance or nonperformance of such activities.
Biz Partner Hunt may take any action with respect to User submitted
information that it deems necessary or appropriate, in its sole discretion.
6.2 No endorsements by
Biz Partner Hunt. Nothing on the Site shall be considered an endorsement,
representation or warranty with respect to any User or third party, whether in
regards to its web site, products, services, hiring, experience, employment or
recruiting practices, or otherwise.
6.3 No Guaranty of Results.
Biz Partner Hunt is not an employment agency or a recruiting firm, and makes
no representations or guarantees regarding the effectiveness or timeliness of
the Site in meeting the employment or business ownership objectives of Users.
Biz Partner Hunt does not guarantee that ads posted by Users will result in
candidates being hired or business opportunities being offered, and is not
responsible for any employment or business decisions, for whatever reason made,
made by any User.
6.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN 'AS IS' BASIS WITHOUT ANY WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. Biz Partner Hunt, TO THE FULLEST EXTENT PERMITTED BY LAW,
DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS
FOR PARTICULAR PURPOSE. Biz Partner Hunt MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE. (b) Without
limitation on the foregoing: (i) Biz Partner Hunt DOES NOT WARRANT THAT THE
SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS
DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA,
Biz Partner Hunt IS NOT RESPONSIBLE FOR THOSE COSTS. (ii) Biz Partner Hunt
makes no representations or guarantees regarding the truthfulness, accuracy,
completeness, timeliness or reliability of any ads posted by Users, or of any
other form of communication engaged in by Users. Ads may contain inaccuracies or
typographical errors. You agree that any reliance on ads posted by Users, or on
any other form of communication with Users, will be at your own risk. (iii)
Biz Partner Hunt makes no representations or guarantees regarding the Content
of the Site, including, but not limited to, broken links, inaccuracies or
typographical errors.
6.5 DAMAGE LIMITATIONS,
ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE
INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON
AND OFF THE SITE.
(b) IN NO EVENT SHALL Biz Partner Hunt (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY
NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST
EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING
UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR
ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Biz Partner Hunt IS ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
(c) BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS
SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY TO YOU. IF ANY ARE HELD
INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN Biz Partner Hunt'S MAXIMUM
LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO U.S.
$200.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL Biz Partner Hunt (OR ANY OF ITS OFFICERS, DIRECTORS,
SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY
DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN
EMPLOYER WITH A SERVICES AGREEMENT WITH Biz Partner Hunt, THE AMOUNTS ACTUALLY
PAID BY YOU TO Biz Partner Hunt UNDER THIS AGREEMENT IF GREATER THAN
US$200.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree
that Biz Partner Hunt will be entitled to equitable relief upon a breach of
this agreement by you.
7. Payment of Services upon
Termination of Service Agreement.
If at any time during the course of this Agreement you should terminate a
Service Agreement in which these Terms and Conditions have been incorporated by
reference, not to include your termination in the case of breach of this
Agreement or the Service Agreement by Biz Partner Hunt, Biz Partner Hunt
shall reserve the right to receive all payments from you for the Services used
by you up to termination and for fifty percent (50%) of the remaining unused
portion of the Service Agreement.
8. Links to Other Sites.
Biz Partner Hunt contains links to third party web sites. These links are
provided solely as a convenience to you and not as an endorsement by
Biz Partner Hunt of the contents on such third-party web sites.
Biz Partner Hunt is not responsible for the content of linked third-party
sites and does not make any representations regarding the content or accuracy of
materials on such third-party web sites. If you decide to access linked
third-party web sites, you do so at your own risk.
9. Amendments to this Agreement
and Changes to Site.
Biz Partner Hunt may revise this Agreement at any time by updating this page.
Changes will be binding on you on the date they are posted on the Site (or as
otherwise stated in the any notice of such changes). Any use of the Site will be
considered acceptance by you of the then-current Terms and Conditions (including
any Exhibits thereto). If at any time you find the Terms and Conditions
unacceptable, you may not use the Site any longer. Any new or different terms
supplied by you are specifically rejected by Biz Partner Hunt unless
Biz Partner Hunt agrees to them in a signed writing specifically including
those new or different terms. Biz Partner Hunt may change the Site at any
time.
10. Indemnity.
You agree to defend, indemnify, and hold harmless Biz Partner Hunt (and its
officers, directors, employees and agents) from and against any third party
claims, actions or demands (including, without limitation, costs, damages and
reasonable legal and accounting fees) alleging or resulting from or in
connection with your use of the Site, any Document posted by you, or your breach
of this Agreement. Biz Partner Hunt shall use reasonable efforts to provide
you prompt notice of any such claim, suit, or proceeding and may assist you, at
your expense, in defending any such claim, suit or proceeding.
11. User Information.
The Privacy Policy posted on the Site is incorporated into this Agreement by
this reference. The Privacy Policy governs data collected through
Biz Partner Hunt’s on-line operations only. Please note, as set forth in the
Privacy Policy, that Biz Partner Hunt may collect certain personal information
from Users and may contact Users periodically in accordance with the terms of
the Privacy Policy. In addition, Biz Partner Hunt reserves the right to
comply, in its sole discretion, with legal requirements, requests from law
enforcement agencies or requests from government entities, even to the extent
that such compliance may require disclosure of certain information collected
from Users.
12. Questions and Notices.
Questions concerning the use of the Site should be directed to
support@Biz Partner Hunt .
13. General.
Biz Partner Hunt contact information is listed on the Site. The
Biz Partner Hunt makes no claims that the Content is appropriate or may be
downloaded outside of the United States. Access to the Content may not be legal
by certain persons or in certain countries, and such persons have no right to
access or use the Site. If you access Biz Partner Hunt from outside of the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction. This Agreement and your Service Agreement,
if you have one, are governed by the internal substantive laws of the State of
Michigan, without respect to its conflict of laws principles. Jurisdiction for
any claims arising under this Agreement or your Service Agreement shall lie
exclusively with the state or federal courts in the State of Michigan. The sole
relationship between You and Biz Partner Hunt is that of independent
contractors. If any provision of this Agreement is found to be invalid by any
court having competent jurisdiction, the invalidity of all or part of a
provision shall not affect the validity of the remaining parts and provisions of
this Agreement, which shall remain in full force and effect. All provisions of
this Agreement shall survive termination except those granting access or use to
the Site, and you shall cease all your use and access thereof immediately. You
may not assign or transfer your obligations under this Agreement. No waiver of
any term of this Agreement shall be deemed a further or continuing waiver of
such term or any other term. Except as expressly provided by Biz Partner Hunt
in a particular "Legal Notice," or software license or material on particular
Web pages of the Site, this Agreement and your Service Agreement where
applicable, constitute the entire agreement between you and Biz Partner Hunt.
A2. Conduct Rules:
(a) You may not respond to postings by other Users in any manner or for any
purpose other than that which is expected (i.e., to inquire about a business or
to initiate further discussion with the business partner candidate).
Communications soliciting the poster's business by our competitors are
prohibited.
(b) You may not send unsolicited commercial email to Users.
(c) Protect your password. You are responsible for maintaining the
confidentiality of your information and password. You are responsible for all
uses of your registration, whether or not authorized by you. If others use your
password to post inappropriate material on the Site, you risk losing your access
to the Site. You agree to notify Biz Partner Hunt immediately of any
unauthorized use of your registration and password.
(d) Report inappropriate postings or conduct to Feedback.
(e) You may not delete or revise any material posted by any other person or
entity.
(f) If at any time during the term of this agreement Biz Partner Hunt comes to
the understanding that you: (i) misled Biz Partner Hunt of your business
practices and/or services, or (ii) purchased services that do not represent your
precise business, Biz Partner Hunt reserves the right to terminate this
agreement.
(g) Biz Partner Hunt is under no obligation to monitor the conduct of its
Users, but it may investigate and respond when violations are reported.
A3. Security Rules:
(a) Users are prohibited from violating or attempting to violate the security of
the Site, including, without limitation: (i) accessing data not intended for
such User or logging into a server or account which the User is not authorized
to access; (ii) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (iii) attempting to interfere with service to any User, host or
network, including, without limitation, via means of submitting a virus to the
Site, overloading, "flooding", "mailbombing" or "crashing"; (iv) sending
unsolicited e-mail, including promotions and/or advertising of products or
services; (v) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Violations of system or network
security may result in civil or criminal liability.
(b) Violation of these Security Rules may result in civil or criminal liability.
Biz Partner Hunt will investigate occurrences which may involve such
violations and may involve, and cooperate with, law enforcement authorities in
prosecuting Users who are involved in such violations.
