The following is a legal agreement between
BizzUp Solutions, Inc., a Florida corporation
(referred to as "we," "us," or "our”) and
the user of this Site (referred to as "you"). By accessing,
browsing and/or using this Web site (referred to as "Site"),
you acknowledge that you have read, understand, and agree to be bound
to these terms of service (referred to as "Terms") and to comply
with all applicable laws and regulations. THIS AGREEMENT CONTAINS WARRANTY
DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE
READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to these Terms,
please do not use this Site.
Your Use of the Site Agent BizzUp hereby grants you a limited license to use the materials,
features, and services provided by Agent BizzUp on this Site (collectively
referred to as the "Materials" or “Material”) subject
to these Terms. The design and layout of the Site are specifically excluded
from the Materials. No other use of the Site or Materials is authorized.
You agree that any copy of the Materials (or any portion of the Materials)
that you make shall retain all copyright and other proprietary notices
contained herein or therein. Framing of the Site or Site Materials or
posting of Materials on other Web Sites is strictly prohibited.
The products, technology, and/or processes described and/or used on this
Site may be the subject of intellectual property rights reserved by Agent BizzUp or other third parties. Except for the limited license granted
above, nothing contained herein shall be construed as conferring to you
in any manner, whether by implication, or otherwise, any license, title,
or ownership of or to any intellectual property right of Agent BizzUp
or any third party.
Trademarks
Agent BizzUp , BizzUp, the BizzUp logo,
and the
Agent BizzUp logo are service marks or registered service marks of
BizzUp Solutions, Inc. dba
Agent BizzUp , in the United States and other countries. All rights reserved. Use of
the
Agent BizzUp trademarks as meta-tags for search engines or any other purpose is strictly
prohibited.
Agent BizzUp - Acceptable Use Policy Agent BizzUp has adopted the following Acceptable Use Policy
in order to assure that its electronic messages are used in a lawful and
appropriate manner. While Agent BizzUp does not ordinarily monitor the
content of users' messages, it reserves the right to investigate reports
of misuse of its service and to protect its property and assets. The following
conduct is prohibited on the service:
sending harassing, abusive, or threatening messages;
sending obscene or pornographic messages or images;
sending defamatory or libelous messages;
sending viruses or other harmful, disruptive, or destructive files;
attempting to steal passwords or credit card information;
sending messages in furtherance of unlawful, criminal, or fraudulent
activity; or
attempting to conceal or misrepresent the identity of the sender.
Violations of the Agent BizzUp Acceptable Use Policy will not be tolerated
and may result in termination of service. Agent BizzUp may disable the
sender's account without compensation or refund. Agent BizzUp RESERVES
THE RIGHT IN ITS SOLE DISCRETION TO DISCLOSE TO THIRD PARTIES, INCLUDING
MESSAGE RECIPIENTS, THEIR COUNSEL, AND/OR LAW ENFORCEMENT AUTHORITIES,
RELEVANT INFORMATION ABOUT A COMMUNICATION, INCLUDING, BUT NOT LIMITED
TO, THE SENDER NAME, ACCOUNT INFORMATION, MEMBER AND COOKIE NUMBERS, TRANSMISSION
DATA, PAST AND SUBSEQUENT SERVICE USE, AND ANY OTHER INFORMATION DEEMED
NECESSARY BY Agent BizzUp TO ADDRESS PAST VIOLATIONS OF THE ACCEPTABLE
USE POLICY AND TO PREVENT FUTURE VIOLATIONS. THESE DISCLOSURES MAY BE
MADE WITH OR WITHOUT PRIOR NOTICE TO YOU. BY USING THE SERVICE, YOU IRREVOCABLY
CONSENT TO SUCH DISCLOSURES.
Spam You may not use this Site to send online messages or cards to
mailing lists to which you do not have full rights or to send unsolicited
bulk or commercial messages. In addition, the use of automated scripting-type
programs that automate the process of sending or viewing any of the Materials
is strictly prohibited. Agent BizzUp reserves the right to limit, in its
sole discretion and without prior notice to you, the number of cards or
messages that you may send using the Site and/or the number of recipients
to which you send such cards or messages.
You are solely responsible for your actions and communications undertaken
or transmitted using this Site. Neither we nor our affiliates exercise
editorial control over your transmissions; however, we do reserve the
right to review your uploads and transmissions in order to ensure compliance
with these Terms.
Links and Advertisements Agent BizzUp may feature on its Site, in its newsletters, or
in its e-mail communications to you links to third-party web sites. These
may appear in the form of text links, advertisements, banners, buttons,
integrated gift services, digital cash, digital gift certificates, or
otherwise. THE GOODS AND SERVICES AVAILABLE THROUGH THESE LINKS ARE OFFERED
BY INDEPENDENT COMPANIES, WHICH ARE NOT AFFILIATED IN ANY WAY WITH Agent BizzUp. Agent BizzUp MAKES NO REPRESENTATIONS AS TO THE QUALITY, FITNESS,
WORKMANSHIP, VALUE, APPROPRIATENESS, OR RELIABILITY OF THE MERCHANDISE
AVAILABLE OR THE SOLVENCY OR FINANCIAL VIABILITY OF ANY ADVERTISER. Agent BizzUp WILL NOT REIMBURSE OR INDEMNIFY YOU FOR ANY LOSSES YOU MAY INCUR
AS A RESULT OF TRANSACTIONS WITH ANY Agent BizzUp ADVERTISER. USERS ARE
ADVISED TO USE DISCRETION IN SELECTING COMPANIES TO DO BUSINESS WITH ONLINE.
There may be circumstances where access to this Site is provided by a
link located at another Web site. Neither Agent BizzUp nor its affiliates
makes any representations or give any warranties with respect to any information
contained in or at these other sites and neither Agent BizzUp nor its
affiliates shall be liable for any damages or injury arising from the
content of these other sites. Neither Agent BizzUp nor its affiliates
endorses the individuals, companies, or other similar entities, or any
products or materials associated with such individuals, companies, or
other similar entities, that provide a link to this Site.
Creating Your Own Messages and Photos and/or Images Agent BizzUp may allow you to create your own messages by uploading
your own photos, artwork and other materials. If we do make this allowance
and you do so, you are subject to the conditions outlined in these Terms.
When you upload photos and/or images to the Site you are indicating that
you own the photo and/or image and/or have full rights to its use.
When you upload material to the Site and use it to create a message,
your material will be used for the transmission of your digital message;
however, we may also use such material in the course of performing testing,
training and/or archiving of our and our affiliates' systems and hereby
expressly reserve the right to do so.
Contests From time to time, Agent BizzUp may sponsor contests and sweepstakes
on its Web Sites. Participation in such contests is entirely voluntary.
Agent BizzUp does not condition access to any goods or services it offers
on participation in any contest. If you elect to enter any such contest,
your participation shall be governed exclusively by the contest rules
available through the entry forms or in these Terms of Service. You agree
to strictly abide by any and all contest rules. Any personally identifiable
information you provide in conjunction with any contest shall become the
property of Agent BizzUp and you hereby consent to receive special promotions
and offers from Agent BizzUp and its advertisers. In the event that you
are awarded any prizes or other consideration, you give Agent BizzUp permission
to use your name, likeness, portrait, recorded voice, and biographical
information to advertise, publicize, or promote Agent BizzUp, its products
and services, and no additional consideration shall be paid for such rights.
Free Trials and Setting Up an Account
We encourage the use of our service through free trials. Free trials are
only available to first time customers and cannot be combined with any
other offer. Only one free trial may be redeemed per customer. You must
have Internet access to redeem a free trial offer.
We will begin billing your Payment Method for monthly (or annual if your
account is setup for annual billing) subscription fees corresponding to
your subscription plan plus any applicable tax upon activation of your
account. We will continue to bill your Payment Method on a monthly (or
annual if your account is setup for annual billing) basis for your subscription
plan until you cancel. You may cancel your subscription at anytime. Unless
otherwise stated differently, month or monthly refers to your billing
cycle.
Warranty Restriction; Limitation Of Liability THE MATERIALS, INFORMATION, AND SERVICES PROVIDED ON THIS SITE
ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE
WITH YOUR ENJOYMENT OF ANY MATERIALS, INFORMATION, OR SERVICES [INCLUDING,
BUT NOT LIMITED TO, ANY DATA, TEXT, IMAGES, SOUNDS, OR COMPUTER PROGRAMS
(INCLUDING COLLECTIONS AND COMPILATIONS OF THEM)] OR AGAINST INFRINGEMENT.
Agent BizzUp IS NOT RESPONSIBLE FOR ANY FAILURE OF ELECTRONIC MESSAGES
SENT THROUGH THE SERVICE TO REACH THEIR INTENDED RECIPIENTS OR TO REACH
SUCH RECIPIENTS ON THE DATE SPECIFIED BY THE SENDER. THE MATERIALS AVAILABLE
ON THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
NEITHER Agent BizzUp NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES OR
AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL,
PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS' FEES) IN ANY WAY DUE TO,
RESULTING FROM OR ARISING IN CONNECTION WITH YOUR ACCESS TO, INABILITY
TO ACCESS, OR USE OF THE SITE, OR FROM YOUR RELIANCE ON ANY INFORMATION
PROVIDED AT THE SITE, EVEN IF Agent BizzUp HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE
AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF
WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND ANY OTHER
TORT. IN THE EVENT THE FOREGOING LIMITATION OF LIABILITY SET FORTH HEREIN
SHALL BE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE
THAT Agent BizzUp AND ITS AFFILIATES' AGGREGATE LIABILITY SHALL NOT EXCEED
ANY SUMS PAID PURSUANT THIS AGREEMENT.
NEITHER Agent BizzUp NOR ITS AFFILIATES TAKES ANY RESPONSIBILITY OR ASSUMES
ANY LIABILITY FOR ANY CONTENT UPLOADED OR OTHERWISE TRANSMITTED BY YOU
OR ANY THIRD PARTY, OR FOR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS,
FALSEHOODS, OBSCENITY, PORNOGRAPHY, INDECENCY, LEWDNESS, HARASSMENT, THREATS,
ABUSE, OR PROFANITY YOU MAY ENCOUNTER IN USING THE SITE. YOU AGREE TO
HOLD HARMLESS Agent BizzUp AND ITS AFFILIATES AND PARTIES WITH WHOM Agent BizzUp HAS CONTRACTED FOR PURPOSES OF HOSTING OR MAINTAINING THIS SITE
FROM ALL CLAIMS BASED UPON COMMUNICATIONS OR MATERIALS MADE AVAILABLE
BY YOU ON THE SITE.
Cancellation
You can cancel at any time. Upon cancellation there are no refunds for
partial months or Year. You can sign up for
Agent BizzUp Service again at any time; however, you will not be eligible for another
free trial offer. Once canceled, your web site will become in-accessible
to the public. This does not affect your access to your web site once
login but access to your web site with a domain (example: www.yourdomain.com)
will be in-active.
Indemnification You hereby indemnify, defend and hold harmless Agent BizzUp and
its affiliates, and all officers, directors, owners, agents, content providers,
licensors and licensees (collectively referred to as the "Indemnified
Parties") from and against any and all liability and costs, including,
without limitation, reasonable attorneys' fees, incurred by the Indemnified
Parties in connection with any claim arising out of any breach by you
or any user of your account of this Agreement. You shall cooperate as
fully as reasonably required in defense of any such claim. Agent BizzUp
reserves the right, at its own expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
Enforcement by Agent BizzUp In the event Agent BizzUp determines, in its sole discretion,
that you have violated these Terms, Agent BizzUp shall have the right
to immediately terminate your account (with or without refund), refuse
membership, or block the sending or receipt of messages from our Site,
and/or pursue any other remedies available to it under applicable law.
Governing Law This Agreement, and the respective rights and obligations of
the parties hereto, shall be governed by and construed in accordance with
the laws of the State of Florida.
Updates to Terms Agent BizzUp shall have the right to revise these Terms at any
time by updating this posting. By using this Site, you agree to be bound
by any such revisions and should therefore periodically visit this Site
to determine the then-current Terms to which you are bound.
Digital Millennium Copyright Act Notices Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to the
Designated Agent of Agent BizzUp.
"
Just thought I mention how impressed I am with your website and tools to create the easiest, most impressive site with the least effort. I had done a free trial with Alamode, Myers and Websting and your site out does them all hands down at a fraction of the price.....Thank You...Thank you... Thank you...I WILL be letting others know about it! "
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Marion Springett - Downtown Realty Group
We raised the bar in the Real
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