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BIZSUGAR TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS WEBSITE, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, THEN DO NOT USE THIS WEBSITE.

bizSugar, a service of DBH Communications, Inc., provides small and medium sized businesses and organizations with tools to share information with other bizSugar users (the "Service") through the use of its website and all linked pages (the "Site"). The following are the terms and conditions for access to this Site and use of the Service. By registering or by logging in to bizSugar, you accept these terms and conditions.

1. Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

  • The Service may only be used for lawful purposes.
  • You will comply with the restrictions on content of posted messages and activities using the Service as set forth in this Agreement.

2. Service

The Service is provided subject to this Agreement, as it may be amended by bizSugar, and any guidelines, rules or operating policies that bizSugar may establish and post from time to time (this "Agreement"), including without limitation bizSugar's user Privacy Statement. By posting updated versions of the Agreement on the bizSugar.com Site, or otherwise providing notice to you, bizSugar may modify the terms of the Agreement and may discontinue or revise any or all other aspects of the Service in its sole discretion. All such changes shall become effective upon posting of the revised Agreement on the Service or at bizSugar's Site. The Service is not available to individuals under the age of 13. If you do not qualify, you are not permitted to use the Service. You must complete the registration form on the bizSugar sign up web page in order to use the Service. You shall provide true, accurate, current, and complete information about yourself as requested in that registration form.

3. Content and data

You acknowledge and agree that bizSugar may access all data and other tools of the Service as necessary to identify or resolve technical problems or to respond to service complaints. You acknowledge and agree that certain technical processing of information is and may be required in the ordinary course of business.

4. Prohibited Content & User Conduct

Images hosted by bizSugar on bizSugar controlled servers may only be used in connection with the Service and for no other purpose whatsoever.

bizSugar prohibits the use of the Service or Site to post information or send messages that:

  • Advertises or solicits any user to buy or sell any products or services. It is also a violation of these rules to use any information obtained from the Service in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.
  • Displays, markets or links to any of the following products or content (or services related to the same): pornography or illicitly pornographic sexual products; escort services; illegal goods; illegal drugs; illegal drug contraband; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons.
  • Displays, markets or links to material that exploits children, or otherwise exploits children under 18 years of age.
  • Displays, markets or links to material that is grossly offensive, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  • Discloses any personally identifying information or private information about children without their consent (or their parents consent in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  • Advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Are designed or intended to obtain password, account, or private information from any bizSugar user.
  • Are considered unwanted email ("Spam") to any other bizSugar users or any URL.
  • Violate any laws in your jurisdiction (including but not limited to copyright laws).
  • Link to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content.

With the exception of accessing RSS feeds, you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iii) bypass any measures we may use to prevent or restrict access to the Site.

You will not use the Service with the intention of artificially inflating or altering the "vote count", comments, or any other bizSugar service, including by way of creating separate user accounts for the purpose of artificially altering bizSugar's services; giving or receiving money or other remuneration in exchange for votes; or participating in any other organized effort that in any way artificially alters the results of bizSugar's services.

You will not attempt to impersonate another user or person.

You will not sell or otherwise transfer your profile.

bizSugar, at its own discretion, may immediately disable your access to the Service if bizSugar believes in its sole discretion that you have violated any of the policies listed above or elsewhere in this Agreement.

5. Restrictions and Responsibilities

5.1 Compliance with Laws; Monitoring. You shall use the Service only in compliance with this Agreement, the federal CAN-SPAM Act of 2003 and all other applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation and child protective email address registry laws). Although bizSugar has no obligation to monitor the content provided by you or your use of the Service, bizSugar may do so and may block any e-mail messages, remove any such content or prohibit any use of the Service that bizSugar believes may be (or is alleged to be) in violation of the foregoing.

5.2 Indemnification. You hereby agree to defend, indemnify and hold harmless bizSugar and its business partners, third-party suppliers and providers, licensors, officers, directors, employees, distributors and agents against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action that (i) arises from any alleged breach of this Agreement, (ii) arises from the content or effects of any messages you post or distribute using the Service or (iii) otherwise arises from or relates to your use of the Service. In addition, you acknowledge and agree that bizSugar has the right to seek damages when you use the Service for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

5.3 Intellectual Property Rights in Your Content. You agree that you will not upload or transmit any content of any type to this Site or in connection with the Service that infringe, misappropriate or violate any rights of any party. By submitting ideas, concepts, inventions, or content to this Site or using them in connection with the Service, you agree that such submission is non-confidential for all purposes. By uploading, submitting or otherwise disclosing or distributing content for display or inclusion on the Site, you represent and warrant that you own all rights in the content and you agree that the content will be subject to the Creative Commons Public Domain License, available at http://creativecommons.org/licenses/publicdomain/. For clarity, the foregoing does not apply to the content on any external sites to which the Services link.

6. Warranty Disclaimer; Remedies

USE OF THE SERVICES AND ANY RELIANCE BY YOU UPON THE SERVICES, INCLUDING ANY ACTION TAKEN BY YOU BECAUSE OF SUCH USE OR RELIANCE, IS AT YOUR SOLE RISK. BIZSUGAR DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND BIZSUGAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL BIZSUGAR OR ANY OF ITS UNDERLYING SERVICE PROVIDERS, BUSINESS PARTNERS, INFORMATION PROVIDERS, ACCOUNT PROVIDERS, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS (COLLECTIVELY REFERRED TO FOR PURPOSES OF THIS SECTION AS "BIZSUGAR") BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY MONEY DAMAGES, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, COVER, RELIANCE OR CONSEQUENTIAL DAMAGES, EVEN IF BIZSUGAR SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY OTHER PARTY.  IN THE EVENT THAT, NOTWITHSTANDING THE FOREGOING, BIZSUGAR IS FOUND LIABLE TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE), THE MAXIMUM AGGREGATE LIABILITY OF BIZSUGAR TO YOU ARISING IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.

8. Links 

This Site may contain links to non-bizSugar websites. These links are provided to you as a convenience, and bizSugar is not responsible for the content or availability of any linked website. Any non-bizSugar website accessed from this Site is independent from bizSugar, and bizSugar has no control over the content of that website. In addition, a link to any non-bizSugar website does not imply that bizSugar endorses or accepts any responsibility for the content or use of such website. bizSugar shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

9. No Implied Endorsements

In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by bizSugar of that third party or of any product or service provided by a third party.

10. Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this Site infringe your copyright, you may request removal of those materials (or access thereto) from this Site by contacting bizSugar at admin@bizSugar.com and providing the following information:

  • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  • Your name, address, telephone number and (if available) e-mail address.
  • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

11. Username and Password

You are responsible for maintaining the security of your account, passwords, and files. bizSugar will accept the instructions of any individual who claims to be authorized to direct changes to your account so long as such person presents your username and password on-line, by e-mail or by phone. bizSugar has no knowledge of your organizational structure, if you are registering for the Service as an entity, or your personal relationships, if you are a person. bizSugar shall not be responsible for the actions of any individuals who misuse or misappropriate your contact lists or other assets using your username and password.

12. Trademark Information

bizSugar product names and logos appearing in this Site are trademarks of DBH Communications, Inc. in the U.S. and/or other countries.

13. Miscellaneous

13.1 If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable.

13.2 bizSugar and you agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No delay or omission by either party in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

13.3 No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind bizSugar in any respect whatsoever.

13.4 In any action or proceeding to enforce rights under the Agreement, the prevailing party will be entitled to recover its costs and attorneys' fees.

13.5 The Agreement shall be governed by the laws of the state of Missouri, USA without regard to its choice or law or conflict of laws provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located in Kansas City, Missouri.

Additional Information

If you have any questions about the rights and restrictions above, please contact bizSugar by email at admin@bizsugar.com or contact us at:

DBH Communications, Inc.
Attn: Terms Issues
PO Box 22337
Kansas City, MO 64113