Collection of your Personal Information
BIZREVR may collect certain personally identifiable information, such as your user name and password e-mail address, name, home or work address or telephone number (if provided by you). BIZREVR may also collect anonymous demographic information, which is not unique to you, such as your ZIP code, age, gender, preferences, interests and favorites. The provision of personally identifiable information is strictly voluntary but certain features and Website functions may not be available without the provision of personally identifiable information.
There is also information about your computer hardware and software that may be automatically collected by BIZREVR when you visit the Website. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used by BIZREVR for the operation of the Website, to maintain quality of the service offered through the Website, and to provide general statistics regarding use of the Website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through BIZREVR public message boards or group communication functions, this information may be collected and used by others.
Additionally, BIZREVR encourages you to review the privacy statements of websites you choose to link to from the Website so that you can understand how those websites collect, use and share your information. BIZREVR is not responsible for the privacy policies, statements or other content on websites outside of the BIZREVR and BIZREVR family of websites and cannot control the use of any personal information that you may provide to websites not under the direct control of BIZREVR.
Use of your Information
BIZREVR collects and uses your personal information to operate the Website and to deliver the services you have requested from BIZREVR. BIZREVR may also use your personally identifiable information to inform you of other products or services available from BIZREVR and its approved affiliates. BIZREVR may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.
BIZREVR does not sell, rent or lease its customer lists to third parties. BIZREVR may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is not transferred to the third party. In addition, BIZREVR may share data with trusted partners to help us perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to users of the Website and/or BIZREVR software, and they are required to maintain the confidentiality of your information.
BIZREVR keeps track of the websites and pages our customers visit within the Website, in order to determine what BIZREVR products and services are the most popular. This data may be used to deliver customized content and advertising in conjunction with the Website to customers whose behavior indicates that they are interested in a particular subject area. BIZREVR may also use anonymous or aggregated user data collected at the Website for other purposes including marketing, partnering, data mining, etc.
BIZREVR will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on BIZREVR or the Website; (b) protect and defend the rights or property of BIZREVR; and, (c) act under exigent circumstances to protect the personal safety of users of BIZREVR and/or the public.
The Website may use “cookies” to help you personalize your online experience. A cookie is a small text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you personalize BIZREVR pages, or register with Website or services, a cookie helps BIZREVR to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same Website, the information you previously provided can be retrieved, so you can easily use the BIZREVR features that you customized.
You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Website or other websites you may visit.
Security of your Personal Information
BIZREVR uses commercially reasonable methods in order to secure your personal information from unauthorized access, use or disclosure. BIZREVR secures the personally identifiable information you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal information (such as a credit card number, social security number, etc.) is transmitted to other Web sites, it is protected through the use of encryption, such as the Secure Socket Layer (SSL) protocol. HOWEVER, given the dynamic nature of the Internet and the large number of attacks carried out by third parties, BIZREVR cannot guarantee that no unauthorized access, use or disclosure will take place. All information provided to BIZREVR is provided at the sole risk of the user. BIZREVR hereby disclaims any warranty, implied or express, relative to the protection of personal information supplied to BIZREVR by you.
Changes to this Statement
BIZREVR may occasionally update this Statement of Privacy to reflect changes due to modified company policies and customer feedback. BIZREVR encourages you to periodically review this Statement to be informed of how BIZREVR is using protecting your information.
BIZREVR welcomes your comments regarding this Statement of Privacy. If you believe that BIZREVR has not adhered to this Statement, please contact BIZREVR by email at support (at) bizrevr (dot) com. We will use commercially reasonable efforts to promptly evaluate and respond, if possible. However, BIZREVR may or may not provide a response or address any specific problem or concern.
Thank you for selecting the services offered by BIVREVR, LLC and/or its subsidiaries and affiliates (referred to as “BIZRVR”, “we”, “our”, or “us”). Review this Terms of Service (“Agreement”) thoroughly. This Agreement is a legal agreement between you and BIZREVR. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the BIZREVR services, you agree to these terms. If you do not agree to this Agreement, then you may not use the BIZREVR services.
- YOUR RIGHTS TO USE THE SERVICES. Your right to use the Services are subject to the following restrictions.
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You are only granted the right to use the Services and only for the purposes described by BIZREVR. BIZREVR reserves all other rights in the Services. Until termination of this Agreement and as long as you meet any applicable payment obligations and comply with this Agreement, BIZREVR grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that violates any applicable law, regulation or this Agreement. You agree you will not: provide access to or give any part of the Services to any third party; reproduce, modify, copy, deconstruct, sell, trade or resell the Services; make the Services available on any file-sharing or application hosting service.
2.3 From time to time, BIZREVR may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and BIZREVR is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
2.4 You may notify BIZREVR to cancel your subscription prior to the beginning of each renewal term. Your rights to use the Services may be terminated by BIZREVR immediately and without notice if BIZREVR is unable to process payment for the Services in accordance with this Agreement or if you violate any term or condition of this Agreement.
- PAYMENT. The Services are generally licensed to you on a monthly or yearly subscription basis, as selected and the following terms apply, unless BIZREVR or its third party affiliate notifies you otherwise in writing. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
3.1 Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
3.2 You must pay with: a valid credit card acceptable to BIZREVR; a valid debit card acceptable to BIZREVR; sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or by another payment option BIZREVR provides to you in writing.
3.3 If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we may suspend or terminate your account and refuse any use of the Services.
3.4 If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
3.5 BIZREVR will automatically renew your monthly, quarterly, or annual Services at the then-current rates, unless the Services are cancelled or terminated under this Agreement.
3.6 Additional cancellation or renewal terms may be provided to you on the website for the Services.
- USE WITH YOUR MOBILE DEVICE. Use of these Services may be available through a compatible mobile device, Internet access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
BIZREVR MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
- PRIVACY, DATA STORAGE, USE AND ACCESS.
5.1 BIZREVR shall have the right, in its sole discretion and with reasonable notice posted on the BIZREVR site and/or sent to your email address to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Services, temporarily or permanently, including but not limited to (i) the amount of storage space you have through the Services at any time, and (ii) the number of records you create or have active in the Services in a given period of time. BIZREVR reserves the right to make any such changes effective immediately to maintain the security of the Services or to comply with any laws or regulations, and to provide you with electronic or written notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. For details about our refund policy, please refer to www.bizrevr.com. BIZREVR may, from time to time, perform maintenance of the Services resulting in potential interruptions, delays or temporary errors. BIZREVR will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided. BIZREVR reserves the right to use a third party to host the Services from time-to-time.
5.3 You acknowledge and agree that in order to provide you with access to and use of the Services, BIZREVR may access your account information data.
- CONTENT. You may post certain materials (“Content”) via the Services but the following restrictions and permissions apply to your Content.
6.1 You are responsible for all Content uploaded, posted or stored through your use of the Services. You grant BIZREVR a worldwide, royalty-free, non-exclusive license to host and use any Content provided through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. BIZREVR is not responsible for the Content or data you submit through the Services. You agree that you will not use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
- Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Content that would impersonate someone else or falsely represent your identity or qualifications, or that constitutes a breach of any individual’s privacy;
- Except as permitted by BIZREVR in writing, investment opportunities, solicitations, chain letters, pyramid schemes, other unsolicited commercial communication or engage in spamming or flooding;
- Virus, trojan horse, worm or other disruptive or harmful software or data; and
- Any information, software or Content which is not legally yours and without permission from the copyright owner or intellectual property rights owner.
6.2 The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. BIZREVR does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which BIZREVR is not responsible.
6.3 You agree that BIZREVR may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant BIZREVR a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to BIZREVR in any way.
6.4 BIZREVR may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect BIZREVR or its customers, or operate the Services properly. BIZREVR, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.
- ADDITIONAL TERMS.
7.1 BIZREVR is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice regarding your bids or the bidding process. Consult the services of a competent professional when you need this type of assistance.
7.2 You may be offered other services, products, or promotions by BIZREVR (“BIZREVR Services”). Additional terms and conditions and fees may apply. With some BIZREVR Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant BIZREVR permission to use information about your business and experience to help us to provide the BIZREVR Services to you and to enhance the Services. You grant BIZREVR permission to combine your business data, if any, with that of others in a way that does not identify You or any individual personally. You also grant BIZREVR permission to share or publish summary results relating to research data and to distribute or license such data to third parties.
7.3 BIZREVR may be required by law to send you communications about the Services or Third Party Products. You agree that BIZREVR may send these communications to you via email or by posting them on our websites
7.4 You are responsible for securely managing your password(s) for the Services and to contact BIZREVR if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
- DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED “AS IS.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZREVR, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,”SUPPLIERS”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. BIZREVR AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 BIZREVR, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
- LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF BIZREVR, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, BIZREVR, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET BIZREVR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF BIZREVR AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF BIZREVR, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.
You agree to indemnify and hold BIZREVR and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys’ fees and costs, arising out of your use of the Services or breach of this Agreement (collectively referred to as “Claims”). BIZREVR reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by BIZREVR in the defense of any Claims.
- CHANGES.We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.
- TERMINATION.BIZREVR may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect BIZREVR’s rights to any payments due to it. BIZREVR may terminate a free account at any time. Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
- EXPORT RESTRICTIONS.You acknowledge that the Services, including the mobile application, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you will comply with these laws and regulations, and will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
- GOVERNING LAW.Arizona state law governs this Agreement without regard to its conflicts of laws provisions.
- DISPUTES.ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THE SERVICES OR THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Arizona law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND BIZREVR ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to BIZREVR Inc., in care of our registered agent 1t 19757 South 190th Drive, Queen Creek, Arizona 85142. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA’s commercial arbitration rules, which are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA’s rules, but if you are unable to pay any of them, BIZREVR will pay them for you. In addition, BIZREVR will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, BIZREVR will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section shall survive expiration, termination or rescission of this Agreement.
- GENERAL.This Agreement, including the Additional Terms below, is the entire agreement between you and BIZREVR and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of BIZREVR. However, BIZREVR may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by BIZREVR or (c) a successor by merger. Any assignment in violation of this Section shall be void.