By purchasing Bizru.com virtual calling card,
you indicate that you understand and agree to our Terms and
Conditions as follows:
This Agreement describes the terms and conditions applicable
to your use of all services ("Services") at Bizru.com
web site ("Web Site").
You acknowledge that you have read, understood, and agree
to be bound by all terms and conditions of this Agreement,
as well as any additional rules or policies that are or may
be published by Bizru.com from time to time.
This Agreement in addition to any other rules and policies,
make up the complete and exclusive agreement between you and
Bizru.com regarding your use of the Services, and supersede
and govern all prior proposals, agreements, or other communications.
We may amend this Agreement at any time by posting the amended
terms on the Site. Unless otherwise stated, all amendments
will be effective immediately upon posting on the Site. This
Agreement may not be otherwise amended except in a writing
signed by both parties.
Your use of the Web Site and Services shall constitute your
acceptance of any amendments to this Agreement as well as
additional rules or policies that are or may be published
by Bizru.com, each with the new modifications. If you do
not agree to any of such changes, you may request that your
membership be cancelled.
On occasions, Bizru.com will send you information about
our promotions or news updates. Users have these opportunity
to opt-out from receiving these notifications.
You acknowledge and agree that such cancellation will be your
exclusive remedy and our sole liability if you do not wish
to abide by any changes to this Agreement or any additional
rules or policies that are or may be published by Bizru.com
Membership Eligibility.
Our Services are only available to individuals who can form
legally binding contracts under applicable law. Our Services
are not available to minors under the age of 18 under any
circumstances. If you do not wish to use our Services, please
do not use the Web Site. Bizru.com may refuse Services
to anyone at anytime, at our sole discretion. To be an eligible
member of Bizru.com you as the user must provide to Bizru.com
with your legal first and last name, billing address, city,
state, country, postal code, and e-mail address. Should you
knowingly falsify any of the required information, your account
shall be terminated immediately with or without prior notice.
Certain first-time customers will be subject to verification
before the PINs (phone cards) is issued.
Fees.
There are no fees to become a member of Bizru.com It's
free signup and become a Bizru.com member. All registered
users can utilize all of the great features My Account offers
at no cost.
User Conduct.
You understand that all information, data, text, messages
or other materials, whether publicly posted or privately transmitted,
are the sole responsibility of the person from which such
content originated. This means that you, and not Bizru.com,
are entirely responsible for all content that you upload,
post, email, transmit or otherwise make available via the
Services. Bizru.com does not control the content posted
via the Service and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You understand that
by using the Services, you may be exposed to Content that
is offensive, indecent or objectionable. Under no circumstances
will Bizru.com be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Services to:
" upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically
or otherwise objectionable;
" impersonate any person or entity, including, but not
limited to, an Bizru.com official, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
" intentionally or unintentionally violate any applicable
local, state, national or international law, or any regulations
having the force of law;
" "stalk" or otherwise harass another User;
or
" collect or store personal data about other users.
Indemnification.
You agree to release, indemnify, defend and hold harmless
Bizru.com, its subsidiaries, affiliates, officers, directors,
employees, agents and advisors, from and against any and all
losses, liabilities, claims (including claims without legal
merit or brought in bad faith), demands, damages, costs or
expenses, causes of action, suits, proceedings, judgments,
awards, executions and liens, including reasonable attorneys'
fees and costs (whether brought by third parties or otherwise)
(collectively, "Claims") due to or arising out of
your use of or conduct on this Web Site or the service. Bizru.com
reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you hereunder, and in such event, you shall have no further
obligation to provide indemnification for such matter.
Remedies for Misuse of Your Account.
Without limiting any other remedies, Bizru.com may terminate
or suspend your account and status as a Member if you misuse
your account or any services.
Accuracy of Information Submitted to Bizru.com
You are solemnly responsible for the truth and accuracy of
all information you provide publicly or privately to us or
other Users during the registration, or in any public message
area, including but not limited to chat, discussion forms,
and your e-mail. Your Information: (a) shall not be fraudulent;
(b) shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights
of publicity or privacy; (c) shall not violate any law, statute,
ordinance or regulation (including without limitation those
governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising; (d) shall not be
defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (e) shall not be obscene or contain child pornography
or, if otherwise harmful to minors; (f) shall not contain
any viruses, or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information;
and (g) shall not link directly or indirectly to any other
site; (h) shall not contain any item that, by paying to us
the listing fee or the final value fee, could cause us to
violate any applicable law, statute, ordinance or regulation.
Bizru.com will only use your information in accordance
with our Privacy Policy.
Ownership of Data.
You acknowledge and agree that MasterBell.com owns all database
information, collective and similar rights, title and interests
worldwide and other proprietary information databases, and
all information.
Intellectual Property.
No User shall receive any right, license or permission to
use, manipulate, reproduce any of the PayTone.com trademarks,
copyrights content, or other intellectual property rights
without the prior written permission of PayTone.com.
Breach and Failure to Perform.
Web Site reserves the right to suspend, delete, terminate
any current and future accounts by a user who violates any
of the above terms and regulations of use of the Web Site.
We reserve the right to perpetually suspend or terminate your
use of our Web Site or your status as a member, if you breach
this Agreement, or if we are unable to verify or authenticate
any information you provide to us.
Representations and Warranties.
You represent that all information provided by you in connection
with your use of the Services is accurate and current. THE
SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS
AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some states do
not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights that
vary from jurisdiction to jurisdiction. No Warranties. THE
SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION
CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS
AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS
OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE
AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION,
Bizru.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED
OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. Bizru.com DOES NOT WARRANT
OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS
CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY
FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT
NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR
LOSS OF DATA.
Release.
In the event that you have a dispute with a Buyer, Seller,
or any other User, you hereby acknowledge and agree to release
Bizru.com and its agents and employees from any claims,
demands and damages (both actual 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 such disputes.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT Bizru.com WILL NOT BE LIABLE,
UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Bizru.com
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL Bizru.com's MAXIMUM AGGREGATE LIABILITY EXCEED
THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR
LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of the Services, including,
but not limited to, your bidding on, listing, purchasing,
of selling of a Registration.
Arbitration.
Any controversy or claim arising out of or relating to this
Agreement shall be settled by binding arbitration in accordance
with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any
arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Boston, Massachusetts
by a panel of one arbitrator, and judgment on the arbitration
award may be entered into any court having jurisdiction thereof.
Either you or Bizru.com may seek any interim or preliminary
relief from a court of competent jurisdiction in Boston, Massachusetts
necessary to protect the rights or property of you or Bizru.com,
pending the completion of arbitration.
General.
Your rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws of the United
States of America and the Commonwealth of Massachusetts, as
if the Agreement was a contract wholly entered into and wholly
performed within the Commonwealth of Massachusetts.
Headings are for reference purposes only and in no way define,
limit, construe or describe the scope or extent of such section.
On occasions, PayTone.com will send you information about
our promotions or news updates. Users have these opportunity
to opt-out from receiving these notifications. The failure
of Bizru.com to require your performance of any provision
hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by Bizru.com
of a breach of any provision hereof be taken or held to be
a waiver of the provision itself. In the event that any provision
of this Agreement shall be unenforceable or invalid under
any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this
Agreement unenforceable or invalid as a whole. Bizru.com
will amend or replace such provision with one that is valid
and enforceable and which achieves, to the extent possible,
the original objectives and intent of register.com as reflected
in the original provision. You acknowledge and agree that,
to the extent necessary, it is your responsibility to: (a)
provide all equipment, including a computer and modem, necessary
for you to establish a connection to the Internet; and (b)
provide for your own connection to the Internet and pay any
telephone service fees associated with such connection. This
Agreement sets forth the entire understanding and agreement
between us with respect to the subject matter hereof.
