You are entering into a legally binding Agreement
Welcome, and thanks for using ‘BizInterface’. When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read over the User Agreement below.
1.0 – We are:
- Social network for professionals
- B2B and B2C social network for businesses and customers
- e-procurement system provider
- Bid and Quotation Management System provider
- Proposal Writing System Provider
- Business Management System provider
- Project Management System provider
- Cost Management System provider
- Knowledge base Procurement Service provider
- Knowledge base Reports and Document Management System provider
1.1 – BizInterface is generally used to connect professionals, businesses and their projects to create efficient, effective and economical knowledge practices – including systems, processes and skill sets – with and for ALL participants of the Real Property Development Industry. We achieve it through the integration of personal, inter-business, and intra-businesses project, program and portfolio platforms.
1.2 Agreement Structure “This is first of the two stage agreement and rules all individual members of BizInterface.”
1.2 – This agreement is structured in a two stage hierarchical agreement.The first stage agreement will remain effective, in case second stage agreement is not executed. This, first stage, agreement is a general agreement and binds each and every individual member of BizInterface for the usage of BizInterface, especially the portion that is available before signing up on Business Desk (or simply BizDesk) and is free for use to all members. You understand that the portion of the information provided in the free section onTenBid, Company Profile, Project Profile, and Resource-at-hand are provided by various companies, after signing up on BizDesk. This agreement must be agreed on at the time of individual`s registration on www.BizInterface.com. The second stage agreement will be signed betweenBizInterface and each user Company at the time of signing up of a Company on BizDesk. The establishment of BizDesk is expected by the owner or high official of the company. Administrative rights would be given to only those business officials. The Administrator may assign the managerial rights to any of the senior officials for day to day operations. The second stage agreement governs all participants of the registered company, either Administrator, Executive, Manager, or Staff and thus shall be considered as added conditions on the first stage personal agreement.
2. Your Obligations
2.1 Applicable laws and this Agreement “Some promises you make to us in this Agreement: You will follow the law and BizInterface’s rules.”
2.1 – You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
- DOs and DON’Ts;
- Complaints Regarding Content Posted on the BizInterface Website; and
2.2 Member Authorized Information Liability “You publish your own information, or that that is duly authorized by the proprietor.”
2.2 – You warrant that all information posted by you on BizInterface, must consists of your own information or, that that is duly authorized by the proprietor of said posted information, to post said information on the Site. You also warrant that the information posted on the Site by you shall be legal and inoffensive. You warrant that you will refrain from posting or permitting to be posted by any authorized or unauthorized third party any information that could in any manner be considered as unsuitable material for minors or illegal. You also warrant that all the information posted by you are for the sole purpose of managing the industry specific professional, business and project practices for the Construction industry. Any information you submit to us is at your own risk of loss. By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your all BizInterface profiles information accurate and updated.
2.3 License for your public submissions to BizInterface “You grant us a license to the information you have published publicly including but not limited to those on Personal Profile, Company Profile, Project Profile and TenBids Opportunities.”
2.3 – You own the information you provide BizInterface under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, for all your publicly published information you grant BizInterface a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to BizInterface, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to BizInterface, without any further consent, notice and/or compensation to you or to any third parties.
2.4 Risk of posting all proprietary information on BizInterface “Self-manage security for your corporate and projects through BizInterface Governance. All members to report BizInterface on misrepresentation of any company.”
2.4 – You hereby assume all risks inherent to the proprietary and secure Information posting on BizInterface, that can be viewed publicly or those that are shared with others including but not limited to BizDesk, BizAccounts, ProDesk, ProAccounts, and TenBids. Security Governance is provided for the authorized administrator of each business. You must take control of the members to whom you give access to your BizDesk and ProDesk. At any time, if you consider that the Governance provision is not adequate, remove all your data and delete all your profiles, and report to BizInterface’s Help Centre. You, at all times, fully indemnify and save harmless BizInterface from and against any and all claims, damages, losses, costs and expenses, which BizInterface may from time to time incur or suffer as a result of any prejudice to persons or property caused directly or indirectly by the posted Member Information or as a result of the illegality of the Member Information or falsely representing companies and in claiming BizDesk. You must report to BizInterface’s Help Centrefor any false and unauthorized claiming of a company on BizInterface. You shall defend BizInterface against any claim in that respect and shall assume all expenses, including legal costs and disbursements and shall pay all damages that may be adjudged against BizInterface. Notwithstanding any provisions to the contrary, BizInterface reserves its rights to retain its own counsel or legal representative, the whole at the Member’s expense including judicial and extrajudicial fees, costs and disbursements. BizInterface declines any responsibility and, disclaims all warranties and liability for all or any part of the Member Information posted on BizInterface, including but not limited to all Profiles, BizDesk, BizAccounts, ProDesk, ProAccounts and TenBids, whether that information is or has been posted by the Member or any of the Member’s authorized or unauthorized third party. In the event of any breach of Member’s warranties with regards to the Member Information posted on BizInterface, BizInterface reserves its rights to, immediately and without prior notice, delete and remove all or part of the Member Information, restrict the access to any or all services and products of BizInterface to the Member and its authorized third party without any compensation whatsoever. In that event, BizInterface shall in no way be liable for any direct or indirect damage of any nature that is or could be caused by said measures.
2.5 Service Eligibility You are eligible to enter into this contract and you are: at least our “Minimum Age”, not prohibited, not a competitor, maintain one Personal Account, provide accurate information, act legally and ethically rightfully fashion
2.6 Your Membership “You will keep your password a secret. You will not share an account with anyone else. You will not copy or transfer any part of the Service.”
2.6 – The profile you create on BizInterface will become part of BizInterface and except for the information that you license to us is owned by BizInterface. However, between you and others, your account belongs to you. You agree to: (1) keep your password secure and confidential; (2) not permit others to use your account; (3) not use other’s accounts; (4) not sell, trade, or transfer your BizInterface account to another party; and (5) not charge anyone for access to the portion of BizInterface, or the information therein, that is published and viewed publicly without entering the BizDesk. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit BizInterface’s Help Center.
2.7 Indemnification “You will pay us for any losses that you cause.”
2.7 – You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through BizInterface.
2.8 Notify us of acts contrary to the Agreement “If you think you have to breach this Agreement, you will let us know beforehand.”
2.8 – If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.9 Notifications and Service Messages “You are okay with us providing you with important notices on the website, mobile apps, or email. The contact information you provide must be accurate or you may not receive important notices.”
2.9- For purposes of service messages and notices about the Services, BizInterface may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from BizInterface to an email address associated with your account, even if we have other contact information. You also agree that BizInterface may communicate with you through your BizInterface account or through other means including email, mobile number, telephone, or delivery services including the postal service about your BizInterface account or services associated with BizInterface. Please review your Settings to control what kind of messages you receive from BizInterface after such provision is provided. Meanwhile, such request can be made on BizInterface Help Centre. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
2.10 BizInterface Applications “This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.”
2.10 – BizInterface may offer the Services through applications built using BizInterface’s platform (“BizInterface Applications”) in the future. Examples of BizInterface Applications include its smart phone applications (BizInterface for Android, BizInterface for Blackberry or BizInterface for iPhone), and BizInterface’s “Share”, “Publish”, “Submit” buttons and other interactive plugins distributed on websites across the web. After the provision of mobile Applications, your usageof it or interaction with it, is considered that you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing BizInterface plugins that load in your browser may be communicated to us. Further, by importing any of your BizInterface data through the BizInterface Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. In the event you change or deactivate your mobile account, you must promptly update your BizInterface account information to ensure that your messages are not sent to the person that acquires your old number and failure to do so is your responsibility. You acknowledge you are responsible for all charges and necessary permissions related to accessing BizInterface through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
2.11 User-to-User and User-to-Group Communication and Sharing (BizInterface Groups, Comments, Updates, Personal Profile, Company Profile, Project Profile, TenBids, etc.) “When you share information, others can see, copy and use that information.”
2.11 – BizInterface facilitate Comments, and Updates, where you can post your observations and comments on designated topics. BizInterface also enables sharing of information by allowing users to post updates, including links to news articles and other information such as project opportunities, products and services recommendations, and other content to their Personal, Business and Project profiles. You, asBizInterface member, can only create your Personal Profile (including other available features, which may change with time), BizInterface Groups and News for free. You can also create BizDesk with an added Agreement, over and above the present agreement and have access to some further free features, however, BizInterface in its sole discretion, may close or transfer any of the free services or products for a member, group or a company for any reason that BizInterfaceare not liable to disclose. We also in our sole discretion remove content from a members` or groups` content, if violates this Agreement or others’ intellectual property rights. Please note that ideas you post and information you share may be seen and used by other Members, and BizInterface cannot guarantee that other Members will not use the ideas and information that you share on BizInterface. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to on BizInterface. BIZINTERFACE IS NOT RESPONSIBLE FOR ANOTHER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON BIZINTERFACE.
2.12 Electronic & Digitized Signatures “Not to disclose Electronic Signatures and secure your digitized personal signatures.”
2.12- We provided a place to store digitized signature in My Profile Settings. The purpose of this signature is to provide personalised symbol for various usage, including at the end of the email. The purpose is not to use it in a legal document. For legal and formal submissions electronic signatures may be provided in the future. You agree that you are solely responsible for all use of your Signatures and you agree to put reasonable security procedures in place regarding its use and to notify BizInterface immediately of any unauthorized use. Furthermore, you agree that neither BizInterface nor Participating Organizations are under any obligation to confirm the actual identity or authority of any individual user of the Electronic Signature or any component thereof and have no liability for damages or harm we may incur from misuse, non-acceptance, delay or restriction in obtaining registration, submitting responses to Opportunity Notices, receiving Information or Bid Components, nor for any unavailability, malfunction, cancellation or withdrawal of online bid submission access or any portion of such service or any device associated with it. You acknowledge that links to other websites through the BizInterface Service do not imply any endorsement or approval by BizInterface.
2.14 Privacy of TenBids Opportunities “You agree that you will not use, store, copy, reproduce and distribute the TenBids Opportunities other than for allowable reasons.”
2.14 – You acknowledge that any of the Information on TenBids opportunities receive through the BizInterface Service is owned either by the Participating Organization that issued the Information or by BizInterface. You agree that you will not use, store, copy, or reproduce the Information, or distribute or disclose it to any third party, except for the sole purpose of having such third party assist you in evaluating an opportunity or preparing a response to an Opportunity Notice. You agree that you will not sell, distribute publish or otherwise disseminate to any third party, or make available for the purpose of resale to any third party, any Information received from or through the use of the BizInterface Service without the prior written consent of BizInterface.
2.15 Export Control “You won’t break export laws.”
2.15 – Your use of BizInterface services, including our software, is subject to export and re-export control laws and regulations, including Canadian Export Controls. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving Canadian origin products, including services or software.
2.16 Contributions to BizInterface “If you provide feedback to us, make sure you don’t include confidential or infringing materials. You grant us rights to your feedback.”
2.16 – By submitting ideas, suggestions, documents, or proposals (“Contributions”) to BizInterface through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) BizInterface is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) BizInterface shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) BizInterface may have something similar to the Contributions already under consideration or in development; (e) you irrevocably non-exclusively license to BizInterface rights to exploit your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from BizInterface under any circumstances.
2.17 User-to-GroupRelation “You and all Groups on BizInterface has primary responsibility to abide by BizInterface Agreement.”
2.17 – We offer various forums such as BizInterface Groups, including but not limited to existing or new Construction and Professional Associations, that would dictate Guidelines and By-laws of behaviours and practices for their groups. BizInterface is intended to provide multiple authorities and Gamification systems to those Not-for-Profit Organizations. In case of conflict between the Group Guidelines and By-laws of behaviour and this Agreement, you are responsible to following your agreement with BizInterface, and let us know of any conflict. All the groups and individuals are abide by thisBizInterface Agreement.
3. Your Rights “If you follow this agreement, we grant you a limited right to use BizInterface. You will only access and use BizInterface in the way this agreement allows you.”
3.0 – On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or BizInterface authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of BizInterface), to view information and use the Services that we provide on BizInterface webpages and in accordance with this Agreement. Any other use of BizInterface contrary to our mission and purpose (such as falsely representing a company, or to use information gathered from BizInterface commercially unless expressly authorized by BizInterface) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in BizInterface and all related items, including any and all copies made of the BizInterface website.
4. Our Rights & Obligations
4.1 Services Availability “We may change or discontinue Services, and in such case, we do not promise to keep showing or storing yourinformation and materials.”
4.1 – For as long as BizInterface continues to offer the Services, BizInterface shall provide and seek to update, improve and expand the Services. As a result, we allow you to access BizInterface as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue BizInterface, partially or entirely, or change and modify prices prospectively for all or part of the free accessible Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on BizInterface or by direct communication to you unless otherwise noted. BizInterface further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by BizInterface to be contrary to this Agreement. For avoidance of doubt, BizInterface has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services.
4.3 Connections and Interactions with other Members “You manage your interaction with other Members.“
4.3 – You are solely responsible for your interactions with other Members. BizInterface reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if BizInterface determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.4 Intellectual Property Notices We are providing you notice about our intellectual property rights.
4.4 – The Service includes the copyrights and Intellectual property rights of BizInterface and except for the limited license granted to you in Section 3, BizInterface reserves all of its intellectual property rights in the Service. BizInterface, the BizInterface and “in” logos and other BizInterface trademarks, service marks, graphics, and logos used in connection with BizInterface are trademarks or registered trademarks of BizInterface in Canada and/or other countries. Other trademarks and logos used in connection with BizInterface may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
5. Disclaimer To all the individual members of BizInterface (not including companies under separate agreement) We disclaim any legal liability for the quality, safety, or reliability of BizInterface.
5.0 – DO NOT RELY ON BIZINTERFACE OR ITS SUPPLIERS, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR BIZINTERFACE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. BIZINTERFACE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BIZINTERFACE AND ITS SUPPLIERS DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BIZINTERFACE OR ANYTHING RELATED TO BIZINTERFACE, YOU MAY CLOSE YOUR BIZINTERFACE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY. BIZINTERFACE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY SERVICE (SUCH AS MESSAGES, PERFORMANCE AND PERSONALITY 360 REVIEWS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH BIZINTERFACE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. BIZINTERFACE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, BIZINTERFACE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION BY OTHERS. BIZINTERFACE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. BIZINTERFACE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, BIZINTERFACE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE BIZINTERFACE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6.1 Mutual rights of termination “We can each end this Agreement anytime we want.”
6.1- You may terminate this Agreement, for any or no reason, at any time, with notice to BizInterface pursuant to Section 6.3. This notice will be effective upon BizInterface processing your notice. BizInterface may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your BizInterface account includes disabling your access to BizInterface and may also bar you from any future use of BizInterface. Your Company may deny you access to the company`sBizDesk through the company`s BizDesk Governance in accordance with the second stage agreement of BizInterface and the company (including employees, staff, governors, directors, and all other members). BizInterface is not liable to infringe on company`s sanctity and is not responsible to provide you with access against company`s interest, unless proven that the company`s BizDesk is not governed by the Company`s legal leadership. The access denial to BizDeskby any company has no bearing to your Personal Profile.
6.2 Misuse of the Services
6.2 – BizInterface may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes; abusing the BizInterface messaging services; creating multiple or false profiles; using the Services commercially without BizInterface’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts, or any other behavior that BizInterface, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, BizInterface has adopted a policy of terminating accounts of Members who, in BizInterface’s sole discretion, are deemed to be repeat infringers under the Canadian Copyright Act.
6.3 Effect of Termination
6.3 – Upon termination of your BizInterface account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
7 Dispute Resolution
7.1 Law and Forum for Legal Disputes “In the unlikely event we end up in a legal dispute, it will take place in New Brunswick courts, applying New Brunswick provincial laws of Canada.”
7.1 – This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the province of New Brunswick regardless of your country of origin or where you access BizInterface, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and BizInterface agree that all claims arising out of or related to this Agreement must be resolved exclusively by a provincial or federal court located in Moncton, New Brunswick, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and BizInterface agree to submit to the personal jurisdiction of the courts located within the province of New Brunswick, Canada for the purpose of litigating all such claims. Notwithstanding the above, you agree that BizInterface shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
7.2 Arbitration Option “Each of us will have the right to choose arbitration.”
7.2 – For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
8 General Terms
8.1 Severability Here are some important details about how to read the Agreement.
8.1 – If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
8.3 Notices and Service of Process
8.3 – In addition to Section 2.9. (“Notification and Service Messages”), we may notify you via postings onwww.BizInterface.com. You may contact us here. Or via mail or courier at: BizInterface Corporation ATTN: McInnes Cooper, South Tower, 644 Main Street. Moncton. New Brunswick. E1C 1E2. Canada. Additionally, BizInterface accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
8.4 Entire Agreement
8.4 – You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and BizInterface regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other BizInterface services, third-party content or third party software.
8.5 Amendments to This Agreement
8.6 No informal waivers, agreements or representations
8.6 – Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any BizInterface Affiliate shall be deemed legally binding on any BizInterface Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of BizInterface.
8.7 No Injunctive Relief You waive your rights to try to stop BizInterface, but we don’t waive our rights to ask a court to stop your actions.
8.7 – In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
8.8 – Entities other than BizInterface-Canada Inc., that BizInterface-Canada Inc. owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
8.9 Assignment and Delegation You can’t assign your rights under this Agreement, but we can.
8.10 Potential Other Rights and Obligations
9. BizInterface “DOs” and “DON’Ts.”
As a condition to access BizInterface, you agree to this User Agreement
9.1 Do undertake the following: Here’s a list [1-6] of some of the specific things we ask you to do and not do on BizInterface. If you want a high-level summary of these, please check out our Professional Community Guidelines.
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by BizInterface concerning the Services;
- Use the Services in a professional manner; and
- Use your real name on your profile.
9.2 Don’t undertake the following: [List from 7- 43]
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to BizInterface;
- Publish inaccurate information in the designated fields on the profile form. Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a Member profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using BizInterface;
- Invite people you do not know to join your network;
- Upload a profile image that is not your likeness or a head-shot photo, and misrepresent the projects with wrong pictures;
- Use or attempt to use another’s account or create a false identity of yourself, of your company or projects on BizInterface;
- Upload, post, email, transmit or otherwise make available or initiate any content that:Identify, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions andqualifications, or misrepresents your affiliations with a person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using BizInterface invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using BizInterface to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of BizInterface or any user of BizInterface;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
- Even if it is legal where you are located, create profiles or provide content that promotes escort services, prostitution or any other service that does not directly serve the Design and Construction Industry.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on BizInterface (excluding content posted by you) except as permitted in this Agreement, BizInterface’s developer terms and policies, or as expressly authorized by BizInterface;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from BizInterface to provide any service that is competitive, in BizInterface’s sole discretion, with BizInterface;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by BizInterface unless you have entered into a written agreement with BizInterface (this includes, but is not limited to, representing yourself as BizPartner or an accredited BizInterface trainer if you have not been certified by BizInterface as such);
- Adapt, modify or create derivative works based on BizInterface or technology underlying the Services, or other Members’ content, in whole or part, except as permitted under BizInterface’s developer program;
- Rent, lease, loan, trade, sell/re-sell access to BizInterface or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize a BizInterfaceFree Services or free functionality of BizInterface, without the express written permission of BizInterface;
- Deep-link to the Site for any purpose, (i.e. creating or posting a link to a BizInterface web page) unless expressly authorized in writing by BizInterface;
- Remove any copyright, trademark or other proprietary rights notices contained in or on BizInterface, including those of both BizInterface and any of its licensors;
- Remove, cover or otherwise obscure any form of advertisement included on BizInterface;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from BizInterface except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non- Members without their express consent;
- Infringe or use BizInterface’s brand, logos or trademarks, including, without limitation, using the word “BizInterface” in any business name, email, or URL or including BizInterface’s trademarks and logos except as provided in the Brand Guidelines or as expressly permitted by BizInterface;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Use bots or other automated methods to access BizInterface, add or download contacts, send or redirect messages, or perform other similar activities through BizInterface, unless explicitly permitted by BizInterface;
- Access, via automated or manual means or processes, BizInterface for purposes of monitoring BizInterface’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of BizInterface’s website;
- Attempt to or actually access BizInterface by any means other than through the interfaces provided by BizInterface such as its mobile application or by navigating tohttps://www.BizInterface.com using a web browser. This prohibition includes accessing or attempting to access BizInterface using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including BizInterface;
- Attempt to or actually override any security component included in or underlying BizInterface;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on BizInterface’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or BizInterface personnel, attempting to gain unauthorized access to BizInterface, or transmitting or activating computer viruses through or on BizInterface; and/or
- Interfere or disrupt or game BizInterface or the Services, including, but not limited to, any servers or networks connected to BizInterface, or BizInterface’s search algorithms.
10. Complaints Regarding Content Posted on the BizInterface Website
We built BizInterface to help you be a more successful professional, run successful businesses and execute successful portfolio, programs and projects. To achieving this purpose, we encourage our Members to share truthful and accurate information and practice best of the industry and disciplinary standards. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, BizInterfacemay providein the future a process for submission of complaints concerning content posted by our Members.