This Legal Notice constitutes an agreement between you ("you" or the "user") and BizCurrency, Inc., a Deleware Corporation acting for itself and on behalf of its affiliates ("BizCurrency," "dba Trade Solutions Group", "we" or "us"), and governs your rights of access to and use of BizCurrency's web site (the "Application") unless and until you register to become a participant in the Application. By using the Application, you acknowledge that you have read this Legal Notice and agree to be bound by its provisions.
1. You Have a Limited Right to Use the Application. You may view, print or download any content, graphic, form or document from the Application solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or any other use. You may not reproduce or incorporate any content, form or document into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or distribution). You must retain the original copyright notices on all materials that you reproduce.
2. Your Privacy.
(b) How We Use the Data. We may use Visitor Data for enhancing the operation, functionality, content, appearance and capabilities of the Application; providing additional services through the Application; in support of our sales and marketing efforts; and providing "anonymous" statistical information to third parties about the Application. Any service providers or other third parties that we engage to process Application data will be obligated to honor the terms of this Section 2 and to keep any such data strictly confidential.
(c) Restrictions on Data Disclosure. We will not disclose Visitor Data to third parties (unless you explicitly authorize us to) except to (subject to obtaining appropriate prior assurances of confidentiality): (i) a service or technology provider to process information, protect the integrity and security of our site or correct technical problems or malfunctions in its operation; and (ii) our independent accountants, lawyers and other professional advisors and representatives to advise us in the management and operation of our business and the Application; and (subject to using our best efforts to obtain appropriate prior assurances of confidentiality) a judicial or other governmental authority if applicable law requires such disclosure, or to defend against claims that may result in our liability. However, we may disclose Visitor Data in an "anonymous" form to third parties without limitation. "Anonymous" means that neither you nor any of your transactions on the Application are identifiable, directly or via reconstruction, filtering, interpolation, extrapolation or any other means.
(d) International Data Transfers. Your Visitor Data may be processed in multiple countries, and the servers hosting the Application are currently owned and serviced by an independent technology provider and are currently located in the United States of America. You hereby consent to the transfer of your Visitor Data to such servers for the purpose of processing data, within the terms and conditions of this Section 2.
3. Proprietary Rights. The names, content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Application are protected under applicable copyrights, trademarks and other proprietary rights (including but not limited to intellectual property). Except as allowed by Section 1, you are prohibited from copying, redistributing, using or publishing any of those materials or any part of the Application. You do not acquire ownership rights to any content, document or materials that you may view or access through the Application.
4. You May Link to the Application. You may create a hypertext link to the Application's home web page, so long as the link does not portray BizCurrency or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. This limited right may be revoked at any time, and you will promptly remove any links at BizCurrency's request. You may not use, frame or use framing techniques to enclose any BizCurrency trademark, logo or other proprietary information, or any information found anywhere on the Application, without BizCurrency's express written consent. You may not create a hypertext link to any other web page on the Application for any other purpose without BizCurrency's written consent.
5. Indemnification. You will indemnify, defend and hold us and our affiliates harmless from any liability, loss, claim and expense (including reasonable legal costs) related to your violation of this Legal Notice or your use of the Application.
6. Disclaimer and Liability Limitations. THE APPLICATION IS PROVIDED "AS IS" AND "AS AVAILABLE." BIZCURRENCY MAKES NO WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE REGARDING OR RELATING TO THE APPLICATION. BIZCURRENCY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS AND WARRANTIES, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WITH RESPECT TO THE APPLICATION AND YOUR USE OF THE APPLICATION. IN PARTICULAR, BUT WITHOUT LIMITATION, BIZCURRENCY, ITS LICENSORS AND ITS SERVICE PROVIDERS (COLLECTIVELY, THE "PROVIDERS") HAVE NO LIABILITY WHATSOEVER FOR ANY LOSS OF PROFITS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF DATA, COST OF COVER, OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH OR ARISING OUT OF THE FURNISHING, PERFORMANCE OR USE OF THE APPLICATION, WHETHER ALLEGED AS A BREACH OF CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE, EVEN IF THE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. IN ADDITION, THE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES CAUSED BY DELAY IN DELIVERY OR FURNISHING OF THE APPLICATION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN YOU AND BIZCURRENCY, AND THE APPLICATION WILL NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM YOUR USE OR INABILITY TO USE THE APPLICATION.
8. Modifications. BizCurrency may revise this Legal Notice at any time. Any revisions we elect to make will be effective when posted. We encourage you to periodically review this Legal Notice so that you are aware of the current terms and conditions governing your use of the Application.
9. Applicable Law, Jurisdiction, Arbitration. This Legal Notice is governed by and shall be construed in accordance with the laws of the United States and the parties hereby submit to the exclusive jurisdiction of the United States courts. Any and all unresolved disputes or claims of any nature or kind relating in any manner to this Legal Notice (a "Dispute"), shall be resolved by arbitration. Arbitration shall be final and binding upon the parties and shall be the exclusive remedy for all Disputes. Arbitration of Disputes shall be in accordance with the Arbitration Rules of the Superior or Municipal Courts of Los Angeles and of the United States District Court for the Central District of California, and the arbitrator shall give effect to the applicable United States law. Notwithstanding said incorporation of Section 1283.05, this agreement shall be governed by the provisions of the Federal Arbitration Act (9 U.S.C Section 1 et seq.)
10. Miscellaneous. BizCurrency's failure or delay to exercise any right, power or remedy under this Legal Notice shall not operate as a waiver, nor shall its single or partial exercise of any right, power or remedy under this Legal Notice preclude any other or further exercise or the exercise of any other right, power or remedy under this Legal Notice. Except as expressly stated in this Legal Notice, the remedies under this Legal Notice are non-exclusive. If it is determined by a court of competent jurisdiction that a provision of this Legal Notice is unenforceable, the remainder of this Legal Notice will remain in full force and effect. This Legal Notice contains the entire agreement of the parties with respect to its subject matter and supersedes all previous and contemporaneous communications, representations, understandings and agreements, whether oral, electronic or written, between the parties with respect to its subject matter.