Terms of Service
Welcome to Biztree and thank you for using our services
Read this carefully before using our website and services
Last Updated: February 5, 2013
1. Terms and Conditions of Use
The BiztreeApps Services (“Services”) are provided by Biztree Inc. (“Biztree”), located at 555 Rene Levesque West Blvd., Suite 1450, Montreal, QC, H2Z 1B1, Canada.
Use of this website and our Services, whether directly or through a third-party, are governed by the Terms of Service (the “Terms”) set forth along with any policies or guidelines found on this site. Please read these terms and conditions carefully before using this website or any of our Services. The information and materials provided by Biztree may be used for informational purposes only. By using, accessing or downloading materials from this website or by using any of our Services, you agree to follow the Terms and provisions as outlined in this legal notice, which apply to all visits to the Biztree Website and use of our Services, both now and in the future.
In these Terms, any legal person with a Services account, or lawful access to a Services account, is identified as “you” and as a “User”.
The Terms are effective from the earliest date on which you either visited our website, signed up for Services from Biztree, agreed to the Terms during the registration process, or started to use our Services.
If you are using the Services on behalf of an organization, you are agreeing to the Terms for that organization and attest that you have the authority to enter into an agreement on behalf of that organization.
Biztree, at its own discretion, reserves the right to change, modify or otherwise alter any of the terms and conditions included in these Terms at any time. You can find the most recent version of these terms and conditions on the Site, with the date of last modification noted above. If you do not agree with these Terms, you may not use this website or download material from it. If you are already a customer of Biztree and do not agree with changes made to the Terms, you may cancel your account without any further obligation (we will prorate your amount due to the nearest month-end after cancellation). Unless otherwise stated, any changes or adjustments will be effective immediately upon posting of the revisions on the website, and your continued use of the website after such time will constitute your acceptance of such changes or adjustments. You should review the Terms and all policies and documents incorporated in them from time to time to understand the terms and conditions that apply to your use of our website and our Services.
If there is a conflict between these Terms and any additional terms, the additional terms will control for that conflict.
If it turns out that a particular term is not enforceable, this will not affect any other terms.
If you have any questions about the Terms, please email us at firstname.lastname@example.org.
We neither endorse nor is Biztree responsible for the exactness, reliability or authenticity of any opinion, advice, or statement including but not limited to the pricing or other information of products or other services offered for sale or license or otherwise marketed via the Biztree Service.
The User is responsible for any and all activity made by you or anyone you allow to use Biztree’s Services or Website.
It is your responsibility to ensure that your Internet connection, telephone service and computer are compatible with our Services and website. You are responsible for any damage that may be caused by anything you access or obtain using your Internet connection, computer or telephone service. We shall not be accountable for any losses suffered by you, your company or anyone you grant access to your account to use the Services or website as a result of any such incompatibility or damage. It is your responsibility to pay for any and all charges in relation to your Internet connection, computer and telephone service. You also acknowledge that your access to the Internet cannot be guaranteed and that Biztree shall not be liable for deficiencies in your own Internet connection or equipment.
In no event shall Biztree be liable for any damages whatsoever (including, without limitation, indirect, special, consequential or incidental damages or those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of our website and Services, any websites linked to our website, or the materials or information contained at any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information on our website results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
It is the User’s responsibility for ensuring that all content uploaded is lawfully used and moreover your responsibility for ensuring that any and all use of any nature is lawful.
Biztree is also not responsible and nor shall be found to be responsible for any libelous, offensive, racist, sexist, or other derogatory content even where such content is in breach of any rule imposed by Biztree. We shall not be legally responsible for any loss suffered by a User in reliance on any statement, opinion or advice in our Service or website. It is entirely the User’s responsibility to verify the accuracy of such opinion, advice or statement offered or other content through Biztree’s Service or Website prior to your reliance upon it. Wherever possible, the User should obtain the advice of a recognized professional in the relevant field in which the opinion, advice or statement is offered. In this regard, you shall indemnify Biztree and our employees and hold us and our employees harmless from any and all claims, expenses, legal fees and all other costs and disbursements incurred as a result of your using Biztree’s Services or Website or of you entering into any relationships with third parties.
Biztree is under no obligation to provide Users with any technical support under these Terms. Biztree provides no assurance that any specific errors, software bugs, problems, discrepancies or other matters raised by Users will be rectified.
BIZTREE IS NOT A LAW FIRM, AND ITS EMPLOYEES ARE NOT ACTING AS YOUR ATTORNEY. BIZTREE DOES NOT PRACTICE LAW AND DOES NOT GIVE LEGAL ADVICE. OUR LEGAL TEMPLATES ARE NOT INTENDED TO CREATE AN ATTORNEY-CLIENT RELATIONSHIP, AND BY USING ANY OF OUR DOCUMENTS OR SOFTWARE, NO ATTORNEY-CLIENT RELATIONSHIP WILL BE CREATED WITH BIZTREE. THESE ARE “SELF-HELP” LEGAL FORMS THAT ARE PROVIDED ON AN “AS-IS” BASIS WITH NO WARRANTIES OR GUARANTIES, INCLUDING ALL EXPRESS, STATUTORY AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. BIZTREE DOES NOT WARRANT THAT THE FORMS, THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH OUR SERVICE ARE ACCURATE, RELIABLE, CORRECT, OR APPLICABLE TO YOUR SITUATION OR JURISDICTION. IF YOU NEED PERSONAL ASSISTANCE IN DECIDING WHETHER A DOCUMENT OBTAINED FROM OUR SITE IS RIGHT FOR YOU OR DESIRE REPRESENTATIONS AND WARRANTIES UPON THE LEGALITY OF A DOCUMENT IN THE JURISDICTION YOU WILL BE USING IT, WE SUGGEST THAT YOU CONTACT AN ATTORNEY. THIS WEBSITE AND ANY OF OUR PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE OF AN ATTORNEY.
Biztree strives to provide you with useful, accurate, and timely information on this website. Biztree assumes no responsibility for the accuracy and completeness of that information or materials. Biztree may change the content of any information or materials available at our website, or the products described in them, at any time without notice. However, Biztree makes no commitment to update the information or materials on our website which, as a result, may be out of date. Information and opinions expressed in bulletin boards, user feedback or other forums are not necessarily those of Biztree. Neither Biztree, nor its officers, directors, employees, agents, distributors, partners or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information or Services available from Biztree's website.
3. Ownership of Information and Materials
The information and any materials available on or from this Service or website (including but not limited to design, text, documents, software, technical drawings, logos, button icons, images, audio clips, digital downloads, data compilations, forum postings, video, configurations, graphics, white papers, press releases, data sheets, product descriptions, FAQs, and their selection and arrangement) are the copyrighted works, and the sole property of Biztree, and/or the proprietary property of its suppliers, affiliates or licensors. Any unauthorized use of that information or materials may violate copyright, trademark and other laws. Any rights not expressly granted herein are reserved.
Biztree grants you a limited, revocable, non-exclusive, license to access the Service and website and to view, copy and print the portions of the content available to you on our website. This license is subject to these Terms, and specifically conditioned upon the following:
- You may only view, download, copy, edit and print such portions of the content (including the document templates) for your own use only;
- You may not modify or otherwise make derivative works of our website, Services, or content, or reproduce, distribute or display our website or any content (except for page caching) except as expressly permitted in these Terms;
- You may not distribute, give, share, publish, sell, resell, adapt or otherwise make derivative works of the document templates provided with our service;
- You may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the content;
- You may not use any data mining, robots or similar data gathering or extraction methods;
- You may not use the Site or the Content other than for its intended purpose;
- You may not remove, obscure or alter any legal notices or terms and conditions displayed on our website or with our services; and
- You may not reverse engineer, adapt or otherwise tamper with the Services or modify another website so as to falsely imply that it is associated with the Services, or any other software or service provided by Biztree.
Except as expressly permitted above, any use of any portion of the content without the prior written permission of Biztree is strictly prohibited and will terminate the license granted in this section, the Terms and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this section is revocable by Biztree at any time.
You represent and warrant that your use of the Service, our website and its content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.
Notwithstanding the foregoing, Biztree may make certain content available to Users pursuant to the terms of the GNU General Public License (“GNU GPL”). Any content made available under the terms of the GNU GPL will be explicitly identified. Users represent and warrant that any use of GNU GPL licensed content will be consistent with the terms of the specific GNU GPL license identified.
You hereby consent that, if You choose to become a paying customer of Biztree, Biztree may identify You as an Biztree customer (using your Company name and logo) and generally describe the products or services we provide to you in our promotional materials including our in our marketing material, website, collateral, press releases, presentations, and proposals to other current and prospective customers.
To request permission for uses of Content not included in this license, you may contact Biztree at email@example.com.
4. Limited License of Your User Content
Biztree does not claim any ownership interest in your content. You retain ownership of any intellectual property rights that you hold in that content. However, Biztree retains the right to use your content to the extent required to operate our website and Services, now and in the future.
By posting or distributing content to or through our Service or website, you:
- Grant Biztree, our affiliates and our subsidiaries a worldwide, non-exclusive, royalty-free, transferable right to use, host, store, communicate, publicly perform and display, replicate, distribute, publish, alter, adjust, translate, and create derivative works from such content through our Services or on our website. The rights granted in this license are for the purpose of operating, promoting and improving our Services or website, and to develop new ones. This license continues even if the User stops using our Services.
- Represent and warrant that:
- You control and own all of the rights to the content that you post or distribute, or you otherwise have the legitimate right to post and distribute that User Content, to or through our website;
- The use and posting or other broadcasts of such content does not violate these Terms and will not violate any rights of or cause injury to any person or entity.
If your content is intended for the use of other Users, you also grant us, our affiliates and our subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such content to such Users for their use in connection with their use of the Services and the website, as described in these Terms.
These content licenses from you are non-exclusive because you have the right to use your content elsewhere. They are royalty-free because we are not obliged to pay you for the use of your content in our Services or on our website. They are transferable because Biztree requires the right to transfer these licenses to any successor owner of the website. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Service and the website does this to your content when it processes it for use in the Service or website.
5. Third Party Services, Other Websites and Content
Our website and Services may contain features and functionalities linking or providing the user access to third-party websites, content, directories, servers, networks, systems, information and databases, applications, software, programs, products or services; and the Internet as a whole including advertisements and promotions from third-parties. Third-Party Sites include payment processors and other payment intermediaries that you may use in connection with your use of our website. You are solely responsible for your use of any such websites or resources. Biztree does not monitor or have any control over, and makes no claim or representation regarding, third-parties. Biztree provides these resources only as a convenience, and does not imply Biztree’s endorsement, adoption or sponsorship of, or affiliation with any third-parties. Biztree accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, appropriateness, nature or reliability of, third-party resources, content, or Web sites linking to our website. When you leave our website, our terms and policies are no longer applicable. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Site, and should carry-out whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party. Also, if we provide you with any software under an open source license, there may be provisions in those licenses that expressly conflict with these Terms, in which case the open source provisions will apply. You agree to indemnify Biztree for any losses, costs, expenses or damages incurred by Biztree due to your violation of a third party’s Terms of Service.
7. Governing Law, Jurisdiction and Venue
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada. Please note that your use of the Services may be subject to other local, state, national, and international laws. You expressly agree that the Quebec provincial courts shall have exclusive jurisdiction and venue over any claim or dispute with Biztree or relating in any way to your use of the Services. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of Quebec in connection with any such dispute including any claim involving Biztree or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers.
If you choose to access the website and Services from locations other than Quebec, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify Biztree and the other Released Parties for your failure to comply with any such laws.
8. Services and Access to Services
You must follow any policies made available to you within the Services.
Do not misuse our Services. For example, don’t interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
We reserve the right at any time and from time to time to reasonably modify or discontinue, temporarily or permanently, the Services or website (or any part thereof), including but not limited to modifications to the design, operational method, technical specifications, systems, and other functions. You agree that Biztree shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or website.
Services are normally available over the Internet 24 hours per day. Biztree shall be entitled to take measures that affect the aforementioned accessibility when we deem such to be necessary for technical, maintenance, operational, or security reasons.
Biztree shall be entitled to retain subcontractors for the performance of obligations in accordance with this Agreement.
In the event that you create a User account using an email address belonging to a third party, such User account may be from time to time or may later become subject to additional terms and conditions. You are aware of and acknowledge that such third party could impose access restrictions on your access to the Services. We will not be liable to you for such lack or curtailment of access.
Biztree will notify Users at least 1 week in advance of any planned maintenance periods that exceed 15 minutes in length. We will endeavor to carry out any such planned maintenance outside of normal North American office hours. We will back up your data stored on our system; including files stored in User workspaces and associated User data such as alerts, permissions and comments. Full backups of the Biztree file store are carried out weekly, with incremental backups performed daily. Full backups of the Biztree database are carried out nightly. All backups are held for a 14-day period. Any problems experienced by Users in accessing the Service should be reported via email to Biztree at firstname.lastname@example.org.
9. Limitation of Liability
BIZTREE IS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SOFTWARE AND SERVICES, (2) ANY INCOMPATIBILITY BETWEEN THE SOFTWARE AND SERVICES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE WEBSITE AND SERVICES IN AN ACCURATE OR TIMELY MANNER, (4) ANY LOSS OF USER DATA, INCLUDING, WITHOUT LIMITATION, DAMAGED OR LOST USER FILES, THROUGH USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, OUR WEBSITE OR SERVICE, OR (5) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SOFTWARE AND SERVICES AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
NEITHER BIZTREE NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS OR ANY OTHER RELEASED PARTY SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES OR THE CONTENT, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON THE WEBSITE, THE SERVICES OR OTHER INFORMATION OBTAINED FROM BIZTREE OR ANY OTHER RELEASED PARTY OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BIZTREE OR ANY OTHER RELEASED PARTY'S RECORDS, PROGRAMS OR SERVICES. YOU USE THE SERVICE AT YOUR OWN RISK.
In no event shall the aggregate liability of Biztree, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the website or Services exceed any compensation paid by you for access to or use of the Services during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless Biztree and the other released parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the website or Services, and from the use of the website or Services by any person to whom you give access to your account (including as staff), including any User content that infringes the rights of any third-party, including the intellectual property rights, of any third-party.
10. Termination of Use
Biztree may, in its sole discretion, terminate or suspend your access with or without notice, to all or part of our website or service, including but not limited to material downloaded from this website, any bulletin boards on this website, for any reason, including without limitation, breach of this agreement. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or being deemed a risk to other users) where we may suspend an account immediately. Upon termination by Biztree or at your direction, you may request a copy of all your data, which Biztree may make available for a fee. You must make such requests at the notification of termination to receive such file within thirty (30) days of termination. Otherwise, ANY DATA YOU HAVE STORED ON BIZTREE’S SYSTEMS MAY NOT BE RETRIEVED, and Biztree shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party. User content submitted to our forum or comments on our blog, which may remain on our website after account termination. You acknowledge and agree that Biztree has no obligation to migrate or provide assistance in migration of data from our website or Services. It is recommended that users retrieve their own data prior to terminating their account to avoid any unfortunate cases of lost data, which you agree that, Biztree, its employees and affiliates are not responsible for.
Biztree shall refund any fees paid in advance for Services that have not been delivered from us. Services are considered delivered if the user downloads any document from Biztree Apps. Any fees paid for Services considered delivered will not be refunded.
Your contract shall automatically renew at the end of each fixed-term time period and shall automatically renew on the contract end date as indicated on your Registration Form, unless you give us notice in writing that you wish the contract to expire at the end of the current pre-arranged fixed-term period, not less than 15 days before the end of such fixed-term period.
Some provisions of these Terms are meant to survive termination; for example, the terms regarding ownership of the content on the Site, the section where the user is informed that the Service is provided “AS IS,” and the section where our liability to the user is limited. The provisions normally assumed to survive termination, including the examples above, will survive termination.
11. Your Registration Obligations
To obtain and use the Services, you will be required to register with Biztree by completing a registration form and designating a user ID and password. When registering with Biztree you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (information known as “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof); and (c) maintain the security of your password.
You, and not Biztree, are responsible for maintaining and protecting all of your user content. Biztree will not be liable for any loss or corruption of your files and data, or for any costs or expenses associated with backing up or restoring any of your files and data.
You may not authorize any third party to access or use the Services on your behalf. You are responsible for maintaining the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID or password. You agree to immediately notify Biztree of any unauthorized use of your user ID or password, your account, or any other breach of security. Biztree cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. You may be held liable for losses incurred by Biztree or any other users of our website or Services due to someone else using your confidential registration info.
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service.
12. Use of Interactive Areas and the Site
Our website may contain discussion forums, bulletin boards, review services or other forums in which you or third-parties may post reviews or other content, messages, materials or other items on the website ("Interactive Areas"). If Biztree provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User content submitted to any public area of the website will be considered non-confidential. By using any Interactive Areas, you expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
- Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
- Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- Content that is fraudulent, misleading or may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
- Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity or attempts to disguise the origin of any content, including “spoofing: or “phishing”;
- Unsolicited spam, communications, promos or advertisements, bulk email messages, bulk instant messages, MP3 files, music files, video files, political campaigning, solicitations; or executable program files, any bulky files, or any other file that has a disproportionate number of hits for the number of pages or network transfers;
- Private information of any third-party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third-party has expressly consented to such use;
- Malware, viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software, files or programs that may interrupt, damage, destroy, limit the functionality of any computer software or hardware or network equipment, or use the services to distribute malware;
- Content that is unrelated to the topic of the Interactive Area(s) in which such content is posted; or
- Content that, in the sole judgment of Biztree, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the website, or which may expose Biztree or its affiliates or its users to any harm or liability of any type.
Finally, Biztree has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas, the website generally, or the Services to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party. In your use of our website you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices.
Any use of the Interactive Areas or other portions of our website or Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas, our website or Services.
13. Your Obligations
By using the Services or website, you represent that you are authorized to receive the Services under the laws of the geographical jurisdiction in which you are located, and specifically that you can form a binding contract with Biztree, and you may use the Services or website only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. By your use of the Services and website, you affirm that you are at least 18 years of age, have attained the legal age of majority in your geographical location, or possess legal parental or guardian consent if required, and are fully able and competent to enter into the terms, conditions, and obligations, set forth in this Agreement. In any case, you affirm that you are 13 years old or older, as the Services and website are not intended for children under the age of 13. If you are under 13 years of age, do not use the Services and website.
You are responsible for the activities you conduct through use of the Services and website and shall ensure compliance with international, national, federal, state and local laws in conjunction therewith. All content uploaded to, transferred through, publicly posted, processed or entered into the Services by you shall be your sole responsibility.
You agree not to misuse the Biztree Services. For example, you must not, and must not attempt to use the services to do the following:
- Use or launch any automated system, including without limitation, "robots", "spiders", “deep link”, “page scrape” or "offline readers" that accesses the Services or Website in a manner that sends more request messages to Our servers in a given period of time than a single human can reasonably produce in the same period by using a conventional online web browser;
- Collect or harvest any personally identifiable information, including names, from the Services or Website;
- "Stalk" or otherwise harass another;
- Interfere with or disrupt the Website, servers, or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website;
- Attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any Biztree server, or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate means.
- Probe, scan, or test the vulnerability of the website or any network connected to the website, nor breach the security or authentication measures on the website or any network connected to the website;
- Take any action that imposes an unreasonable load on the Services or website or on our infrastructure or networks or any networks connected to the website;
- Use the Services or website in order to obtain material which per se or if sent to another party might injure the reputation of a third party, or in any manner which may result in the infringement of any third party's Intellectual Property Rights, or which constitutes a dissemination of business secret, or may incite a third party to commit or participate in a crime, or may be understood as constituting a threat, or to use the Services in any other manner incompatible with the purpose thereof;
- Distribute, sell, supply, modify, adapt, translate, amend, incorporate, merge, or otherwise alter the Biztree’s Services, website and all content (including the document templates) provided to you by Biztree as part of our Services or website;
- Attempt to decompile, reverse engineer or otherwise disassemble any content provided to you as part of the Services or website;
- Attempt to copy or decrypt any content provided to you as part of the Services or website, including but not limited to software, source code, or any part of software that is provided to you in an encrypted form;
- Create any derivative works of any content provided by Biztree to you, including but not limited to, the translation or localization of any software or break down of any software, which is a licensed to you as a single product, into its component parts;
- Redistribute, encumber, sell, rent, lease, transfer or otherwise use any Content provided by Biztree to you, including but not limited to our software and document templates;
- Remove, alter, or destroy from content provided by Biztree to you any logo, copyright or proprietary notices, legends, symbols, labels, watermarks, signatures or any other like marks affixed to or embedded in such content;
- Register, operate or otherwise control more than one User account;
- Provide access to the Services or website to anyone else other than Users;
- Breach or otherwise circumvent any security or authentication measures; or
- Violate the law in any way, or to violate the privacy of others.
Any breach of this clause entitles Biztree to immediately terminate this agreement, without prejudice to any other rights or remedies we may have against you.
You represent and warrant that you shall be responsible for monitoring your workspaces and shall be liable to Biztree for ensuring that content transferred to or handled within the Services or website which is processed by you and/or individuals invited by you to do so does not infringe any third party rights nor in any other manner violates governing legislation or regulation, and that you possess such necessary licenses from third parties as may be required in order to process the content or use the Services.
You understand that your content, whether publicly posted or privately transmitted, is the sole responsibility of you and/or the person from whom such content originated. This means that you are entirely responsible for all content that you post, transmit, upload, email or otherwise make available via our Services or website. We do not control the content posted by Users, and do not guarantee the accuracy, integrity, or quality of such content.
You are aware and hereby acknowledge that you are not permitted to use the Services or website in order to gain material in violation of any law or material which in any manner contravenes generally accepted practices.
Any breach of the obligations set forth in this section entitles Biztree to immediately terminate this agreement, without prejudice to any other rights or remedies Biztree may have against you.
We take security seriously. We strive to maintain a reliable and secure environment for your data. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use Biztree, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability. In particular, Users who choose to provide credit card information on our website accept these risks to the security of that information. Ultimately, credit card data is provided by users and users are responsible for its protection.
You acknowledge that if you wish to protect your transmission of data or files to Biztree, it is your responsibility to use a secure encrypted connection to communicate with the Services.
15. Reliable and Secure Service
We encrypt the files that you store on Biztree using the AES-256 standard, which is the same encryption standard used by banks to secure customer data. Encryption for storage is applied after files are uploaded, and we maintain unique encryption keys for each account.
Biztree uses Amazon S3 for data storage. Amazon stores data over several large-scale data centers. According to Amazon, they use military grade perimeter control berms, video surveillance, and professional security staff to keep their data centers physically secure.
You can find more information about Amazon's security at the Amazon Web Services' website.
Amazon and Biztree also employ significant protection against network security issues such as Distributed Denial of Service (DDoS) attacks, Man in the Middle (MITM) attacks, and packet sniffing.
Your files are sent between Biztree’s desktop clients and our servers over a secure channel using 256-bit SSL (Secure Sockets Layer) encryption, the standard for secure Internet network connections.
Your files are sent between Biztree’s mobile apps and our servers over a secure channel using 256-bit SSL encryption where supported. Not all mobile media players support encrypted streaming, so media files streamed from our servers are not always encrypted.
Biztree and Amazon keep redundant backups of all data over multiple locations to prevent the remote possibility of data loss. In the unlikely event that this redundancy were to fail, Biztree folders linked to a desktop computer client will still contain copies of your files (except files you’ve chosen not to sync).
We guard your privacy to the best of our ability and work hard to protect your information from unauthorized access.
We take a number of measures to ensure that the data you store on Biztree is safe and secure. While we're very confident in our technology, we recognize that no system can guarantee data security with 100% certainty. For that reason, we will continue to innovate to make sure that our security measures are state of the art, and we will investigate any and all reported security issues concerning Biztree's services or software. Report security issues to email@example.com.
16. Ownership, Copyright and Trademarks
In these Terms the content, including all information, text, data, logos, marks, designs, graphics, pictures, images, sound files, document templates, forum, other files, their selection and arrangement, is called "Content". Content provided by Users is called "User Content".
Biztree and the Biztree logo are including without limitation, trademarks, service marks or registered trademarks of Biztree, and may not be copied, imitated, or used, in whole or in part, without Biztree’s prior written permission. Other product and company names may be trade or service marks of their respective owners.
Biztree's trademarks may be used only with written permission from Biztree. This includes but is not limited to Biztree, BiztreeApps, Business-in-a-Box and other Biztree properties are registered trademarks or trademarks of Biztree. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of Biztree or any third party.
User Content remains the property of the User. Biztree’ rights to User Content are limited to the limited licenses granted in these Terms.
Other than User content, the website, all content and all software available on our website and Services or used to create and operate the website is the property of Biztree or its licensors, and is protected by Canada, United States and international copyright and intellectual property laws, and all rights to the website, the Services and the content are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Biztree.
Your User content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User content may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove any User content posted or stored on our website, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User content you post or store on the Service.
17. Copyright Complaints And Removal Policy
Biztree provides services that permit registered users of our website or services to store content on the Web. Biztree does not tolerate infringing material on our equipment or network, and may remove content that appears to infringe any copyright or other intellectual property rights or otherwise violates Biztree’s Terms.
If you believe that your copyright in any material has been infringed by a User on Biztree’s website or through our Services, please send a DMCA Notice (described below) to Biztree’s Support Team. Once we receive a complete DMCA Notice, we will then evaluate your notice and take such action as is appropriate under the Digital Millennium Copyright Act.
Federal law requires that DMCA notices include the following information:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material, including URL, that you claim is infringing, with enough detail so that we may locate it;
- Your address, telephone number, and e-mail address;
- A statement declaring under penalty of perjury that (a) you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (b) the above information in your notice is accurate, and (c) you are the owner of the copyright interest involved or you are authorized to act on behalf of that owner; and
- Your physical or electronic signature.
Biztree’s Support Team can be reached at firstname.lastname@example.org or at:
Attn: DMCA Copyright – Support Team
555 Boul. Rene Levesque Suite 1450
Montreal, Qc H2Z 1B1, Canada
Phone: (514) 768-3311
Fax: (514) 768-4200
Please note that Biztree, in its sole discretion, may terminate the account of any User about whom Biztree receives more than one complaint of copyright infringement.
If you have any questions about this policy, please contact Biztree at email@example.com.
Notices that we send you may be provided in any of the following ways. First, we may email you at the contact information you provide in your Registration Data. Second, we may post a notice to Subscribers and Collaborators in the dashboard area of their respective accounts on our website. Third, we may post the notice elsewhere on the webite. When we post notices on the site, we post them in the area of the website suitable to the notice. It is your responsibility to periodically review the site for notices.
19. Fees & Charges
Fees and any other charges for the use of the website and Services are described on our website. Fees may change from time to time. If we change them, we will give you at least 30 days’ notice before implementing the change. If they do change, your continued use of the website and Services after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs. You are responsible for all taxes applicable to the fees, if any, in any applicable jurisdiction.
All Fees are payable (either monthly, quarterly or annually) in advance or in accordance with any different payment terms as stated in the applicable Order Form. Fees for each subscription period will be pre-paid at the start of the period, charged to the credit card you provide prior to the start of such subscription period. You shall pay all fees specified in all Order Forms hereunder. Once an Order Form is executed by you and accepted by Biztree, the order and payment obligations thereunder are non-cancellable, and fees paid are non-refundable. Failure to pay us the agreed amount within the agreed payment terms may result in legal action being taken to secure any outstanding fees. You shall also be liable for any additional costs, including legal costs, incurred by us to secure such fees. If the credit card information you have provided is incorrect or incomplete, or Biztree is unable to complete a transaction due to your error or omission, Biztree will attempt to contact you and inform you of the problem. If the problem is not corrected within fifteen (15) days, it will be considered a breach of the Terms and Biztree will terminate your account. You will receive an email receipt upon each credit card charge, unless you and Biztree have agreed otherwise.
If you add a service during a subscription period (“upgrade”), any incremental cost will be prorated over the remaining term of the applicable subscription period and charged to your credit card. If you remove a service during a subscription period (“downgrade”), any unused portion will be prorated over the remaining term of the applicable period and a credit (toward future purchases) will be applied to your account but no refunds will be awarded.
Except as provided in this paragraph, all pre-paid fees are non-refundable. If you have chosen to be billed quarterly or annually, you will receive a partial refund of the fees you pre-paid if we terminate any of your subscriptions for any reason other than your breach of these Terms (or any other terms you have agreed to with Biztree). Your refund will consist of all pre-paid fees for each complete month remaining in your subscription period; you will not receive a refund for any portion of the month in which we terminate this agreement.
The fees for your Account will be billed from the date you elect, or convert to, a Account and on each yearly renewal thereafter unless and until you cancel your account. Biztree will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Account. In the event your Account began on a day not contained in a given month or year, will bill your credit card on the last day of such month or year. For example, if your Account began on January 31st 2013, January 31st 2014 is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Biztree may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
Should you elect to upgrade your services, the commencement date for your next renewal period will remain the same and you will be billed for the remaining months before renewal date at the upgraded level of service on a pro-rated basis. For example, if your renewal date is in 3 months and 5 days, the pro-rated period will be of 3 months. If you current subscription is $99 / year (remaining 3 x 99/12 dollars) and the new pricing is $499 / year (remaining 3 x 499/12 dollars), we will calculate the pro-rated difference of both subscription services for the remaining period ($124.75 - $24.75 = $100). At the renewal date, you will be charged the full 12-month fee for your new level of subscription service ($499).
If your credit card reaches its expiration date, your continued use of the Biztree constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
20. Cancelling Your Account
Your Biztree account will continue in effect unless and until you cancel your account or we terminate it. You must cancel your account at least 14 days before it renews each year in order to avoid billing of the next year's fees to your credit card. Biztree will bill the yearly fees associated with your account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
You may cancel your Biztree account at any time, and cancellation will be effective immediately. If you wish to cancel your account you may do so via your "Account" page. Should you elect to cancel your account, please note that you will not be issued a refund for the most recently (or any previously) charged yearly fees.
By signing up for a Biztree account and providing Biztree with your payment account information, you hereby agree to these payment terms and conditions.
21. Software and Updates
Some use of our Service requires you to download a client software package (“Software”). Biztree hereby grants you a limited, worldwide, royalty-free, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by Biztree, in the manner permitted by these terms. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. Our Services may update the Software on your device automatically when a new version is available.
You may not use the Services, in a manner that results in excessive bandwidth usage, as determined by a representative of Biztree. Biztree reserves the right, in its sole discretion, to determine whether and what action to take in response to any excess bandwidth usage, including, without limitation, limiting your bandwidth usage or charging you for such excess usage.
Biztree reserves the right, in its sole discretion, to make unscheduled deployments of updates or enhancements to the software. You acknowledge and understand that during such deployments, certain functionality of the Desktop Software may be unavailable and outages may occur.
22. Grant of License
Subject to the Terms, Biztree hereby grants to you a non-transferable, non-exclusive, non-sublicensable limited term right and license to access and use the Services and website solely for the purpose of storing or otherwise using or sharing content with other Users.
Except for the rights specifically granted under these Terms, you are not given any right, title or interest in or to the Services or website, and we expressly reserve all such rights, title and interests.
All judgments concerning the applicability of these Terms shall be at the sole and exclusive discretion of Biztree. Biztree reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit Biztree’s response to a future complaint. You acknowledge and agree that Biztree shall not assume or have any liability for any action or inaction by Biztree with respect to any User content. Users shall remain solely responsible for User content, and any material or information transmitted to other Users for interaction with other Users.
23. Warranty Disclaimer
We warrant only that the website and Services shall perform substantially in accordance with the descriptions of the Services contained in printed materials produced by Biztree and/ or appearing on the Internet on a Biztree website, a Biztree sponsored site or advertisement. The entire and exclusive remedy for breach of this Limited Warranty shall be, at Biztree’s option, either (i) the return of the relevant license fee paid, or (ii) to repair, upgrade, or otherwise enhance the performance of Biztree to address the failure of performance.
While Biztree attempts to make your access to and use of the website and Services safe, Biztree does not represent or warrant that the site, Services or any content are free of viruses or other harmful components. Biztree will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services. Some states do not allow the types of disclaimers in this paragraph, so they may not apply to you.
Biztree does not guarantee length of service.
THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SERVICES OR WEBSITE IS AUTHORIZED HEREUNDER EXCEPT PURSUANT TO THESE DISCLAIMERS.
24. Questions and Comments
If you have any questions regarding these Terms or your use of the Site, please contact us at firstname.lastname@example.org.
25. General Provisions
If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. Biztree may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Biztree, and any such attempted assignment will be void and unenforceable.
This agreement supersedes all prior or contemporaneous agreements, arrangements and undertakings, whether oral or written, between the parties and constitutes the entire agreement between you and Biztree concerning your use of this website and Services, and the agreement shall not be modified, except in writing, signed by both parties. These Terms create no third party beneficiary rights. Biztree’s failure to enforce a provision is not a waiver of its right to do so later. The parties confirm that they have not entered into this agreement on the basis of any representation that is not expressly incorporated into this agreement. All rights not expressly granted herein are reserved.
ANY CLAIM RELATED TO THIS CONTRACT OR THE SOFTWARE AND SERVICE MUST BE BROUGHT WITHIN ONE YEAR. THE ONE-YEAR PERIOD BEGINS ON THE DATE WHEN THE CLAIM FIRST COULD BE FILED. IF IT IS NOT, THEN THAT CLAIM IS PERMANENTLY BARRED. THIS APPLIES TO YOU AND YOUR SUCCESSORS.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
These Terms are void where prohibited by law, and your right to access the Service is revoked in such jurisdictions. The failure of either party to exercise (in any respect) any right provided for under these Terms shall not be deemed a waiver of any further rights hereunder. Biztree shall not be liable for any failure to perform its obligations under this agreement where such failure results from any cause beyond Biztree’s reasonable control (including, without limitation, mechanical, electronic or communications failure or degradation, including "line-noise" interference).
You are obligated to notify Biztree in writing regarding any actual or perceived breach of these Terms.
In the event that you notify Biztree, you shall co-operate fully with us by providing us with all information that is reasonably requested by us from you.
The provisions of this agreement are necessary for the protection of the business and goodwill of the parties and are considered by the parties to be reasonable for such purpose. You agree that any breach of these Terms may cause Biztree substantial and irreparable damages and, therefore, in the event of any such breach, in addition to other remedies which may be available, we shall have the right to seek specific performance and other injunctive and equitable relief.
Neither party shall have any liability under or be deemed to be in breach of these Terms for any delays or failures in performance which result from circumstances beyond the reasonable control of that party. If such circumstances continue for a continuous period of more than 4 weeks, either party may terminate the agreement by written notice to the other party.
By using the Biztree Services, Users in the European Union understand and consent to the processing of personal information in North America.
Biztree offers technical support as described on the Pricing Details page, but does not make any promises regarding how fast we will respond to a request for support or that we will be able to fix any problems you may be having. We reserve the right to access any and all of your User content in order to respond to your requests for support.