PLEASE REVIEW THIS DOCUMENT CAREFULLY BECAUSE IT AFFECTS YOUR RIGHTS####Welcome to Bizible.com, home of the web’s best marketing resources for local businesses, operated by Gividend Inc (doing business as Bizible). (hereafter sometimes referred to as “Bizible,” “us,” or “our”). By using the Bizible.com website (the “Website”) you agree to be bound by these Terms of Use (this “Agreement”), whether or not you register as a free member (“Registrant”) or become a paid subscriber (“Member”). If you wish to become Registrant or a Member and make use of the Bizible service (the “Service”), please read these Terms of Use. If you object to anything in this Agreement or the Bizible Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by Bizible at any time, effective upon posting on the Website, and your use of the Service after such posting will constitute acceptance by you of such changes. These terms of service govern the relationship between you and Bizible.####Description of the Service####Bizible provides users with access to a rich collection of resources, including by not limited to, search engine optimization tools, link analysis tools, listing & citation analysis tools, application program interfaces (APIs), site profile services, search analytics, blogs, user-generated-content, personalized content and industry surveys and opinion polls (the “Service”). You also understand that the Service may include certain communications from Bizible, such as service announcements, administrative messages and survey invitations and that these communications are considered part of Bizible free registration and paid subscriptions. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Bizible properties, shall be subject to this Agreement. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.####For our local business submission service, Bizible does not gaurantee your business will be listed on all partner sites. We only gaurantee that we will submit your information to our channel partners who in turn submit the data to the local directories. There is no gaurantee for the number of listings that will result in our data submissions. This is up to the full discretion of the local directories themselves. Our submission process can take as long as 3-4 moths for the listings to show up in the local directories.####Electronic Agreement####This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and your relationship to the Service. This Agreement may be modified by Bizible from time to time, such modifications to be effective upon posting by Bizible on the Website. This Agreement includes Bizible’s Privacy Policy, and any notices regarding the Website. By accessing the Website or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.####Subscriptions; Charges on your Billing Account####You agree to pay Bizible the subscription fee (“Subscription Fee”) specified in the Sign Up Page during the subscription Period (“Subscription Period”). The Subscription Period varies depending on the service you sign up for. We currently offer monthly and annual subscriptions.####Payment Method####A valid credit card is required to subscribe to the Service. Bizible bills you through a secure online account (your “Billing Account”) for use of the Service. We have an SSL certificate that prohibits your sensitive credit card information from being intercepted. Your complete billing information is not stored on Bizible servers. For your protection, our secure payment gateway partner stores your complete billing information. You agree to pay Bizible for all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize Bizible to charge your chosen credit card (your “Payment Method”) for the Service. You agree to make payment using that selected Payment Method. Bizible reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment. If Bizible does not receive payment from your Payment Method, you agree to pay all amounts due on your Billing Account on demand.####Auto-Renewal of Your Subscription Period####You will be entitled to receive the Service only during the subscription period (“Subscription Period”) specified on your Billing Form. All subscriptions will automatically renew at the end of your subscription period until cancelled by you. You will not receive further notice of auto-renewal.####Recurring Billing####All of our subscription plans use recurring billing. If you subscibe to a service whose Subscription Period is on a monthly basis, then you will automatically be charged the Subscription Fee for the subsequent month unless you cancel the Service before the new Subscription Period begins. If you subscibe to a service whose Subscription Period is annually, you will automatically be charged the Subscription Fee for the subsequent year, unless you cancel the Service before the new Subscription Period begins. By entering into this Agreement, you accept responsibility for all recurring charges prior to cancellation. Bizible MAY SUBMIT PERIODIC CHARGES (E.B., MONTHLY) RELATING TO YOUR SUBSCRIPTION WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU CANCEL YOUR ACCOUNT. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE Bizible REASONABLY COULD ACT.####Current Information Required####YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY Bizible IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE FOLLOWING THE “BILLING” TAB ON YOUR “MY ACCOUNT” PAGE (YOU MUST BE LOGGED IN TO VIEW THIS PAGE). IF YOU FAIL TO PROVIDE Bizible ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT Bizible MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR SUBSCRIPTION FOR THE SERVICE.####Change in Amount Authorized####If the amount to be charged to your Billing Account varies from the amount you pre-authorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Bizible shall provide, notice of the amount to be charged and the date of the charge at least 60 days before the scheduled date of the transaction. Notice will be sent to the email address currently associated with your Bizible account. You agree that Bizible may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.####Refunds####Bizible will provide new, first-time Members a full refund so long as the Member cancels within five (5) days of first signing up (the “five refund period”). Bizible will not provide refunds to persons who have previously opened other accounts, whether or not they are using the same or different user names, email addresses, or billing information. Each person or business entity is only entitled to one five refund window. Successive sign-ups and refunds are prohibited. After the five refund period, there shall be no refunds and your Subscription fee is non-transferable. Accordingly, if you elect to cancel your subscription to the Service during the Subscription Period, you will not receive a refund on the Subscription Fee(s) previously paid to Bizible. If you downgrade your subscription to a lower level, you are not entitled to a cash refund; You may be eligible to pay a reduced, pro-rated amount on your new subscription, depending on when you downgrade.####Auto-renewal####Your Bizible subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected. Bizible reserves the right to renew your subscription at the then-current non-promotional subscription rate provided 60 days notice to you of an increase in fees. The notice shall be sent to the email currently associated with your Bizible Membership.####Cancellation####You are solely responsible for properly canceling your account. You can cancel your account at any time by going to your My Account page. An email request to cancel your account is not considered cancellation. While we try to respond to email requests to cancel accounts, we may not receive or respond to all emails. Please do not assume your account has been canceled if you email site support. Use the “My Account” page to cancel your account. All of your Content (text and files) will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled. If you paid your subscription with one annual payment and you cancel your Membership, you may use your subscription until the end of your then-current Subscription Period; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then current subscription period. If you pay your subscription in monthly installments and you cancel your Membership prior to the end of the Subscription Period, then Bizible will terminate your access to the Service and cease billing you for the Service. However, you remain responsible for all charges incurred prior to Bizible terminating access to your account.####Collection####Members will pay on all amounts past due, that have not been disputed specifically in writing and in reasonable good faith, an interest charge of one and one-half percent (1.5%) per month computed from the due date of each payment, or the maximum rate permitted by law. Member will be liable for attorneys’ fees and collection costs arising from Bizible’s efforts to collect unpaid balances.####Reaffirmation of Authorization####Your non-termination or continued use of the Service reaffirms that Bizible is authorized to charge your Payment Method. Bizible may submit those charges for payment and you will be responsible for such charges. This does not waive Bizible’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.####Promotions####Any promotion that provides Member-level access to the Service must be used within the specified time of the trial. You must cancel your subscription before the end of the trial period in order to avoid being charged a Subscription Fee. If you cancel prior to the end of the trial period and are inadvertently charged for a subscription, please contact sitesupport@Bizible.com to have the charges reversed.####Modifications to Service####Bizible reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Bizible shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.####Reliance on Content, Advice, Etc.####Any advice that may be posted on the Website or otherwise communicated by Bizible is for informational and entertainment purposes only and is not intended to replace or substitute for any professional, financial, legal, or other advice. If you have specific concerns or a situation arises in which you require professional advice, you should consult with an appropriately trained and qualified specialist. Bizible does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Website. Under no circumstances will Bizible or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Website or transmitted to or by any Members.####Disclaimers of Warranties####The Website and the Service are provided “AS-IS” and on an “AS-AVAILABLE” basis. Bizible expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Bizible cannot guarantee and does not promise any specific results from the use of the Website and/or Service. You agree that you must evaluate, and bear all risks associated with, the use of any Website content and Services, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Bizible or submitted to Bizible. Use of the Website and the Services may result in technical malfunction, delay, misdelivery, or other problems with other systems, programs, or computer hardware. Bizible cannot and does not guarantee compatibility with other systems and hardware.####Third-Party Content####Certain content, Products, and services available via the Service may include materials from third parties. In addition, Bizible may provide links to certain third-party Websites. You acknowledge and agree that Bizible is not responsible for examining or evaluating the content or accuracy of any such third-party material or Websites. Links to other Websites are provided solely as a convenience to you. Because Bizible has no control over such sites and resources, you acknowledge and agree that Bizible is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Bizible is not in any way responsible for any such use by you.####Limitation on Liability####Except in jurisdictions where such provisions are restricted, in no event will Bizible be liable to you or any third person for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bizible has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from your inability to access or obtain any goods, data, information or services through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any content posted on the Website or transmitted to Registrants or Members; or (vi) any inaccurate or out-of-date content produced by the tools or published in the guides or blog, or Website; or (vii) any other matter relating to the Service. Nothwithstanding any provision to the contrary, Bizible’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Bizible in the twelve (12) months prior to the claimed injury or damage.####Disclaimers and Limitations####Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers of warranties may not apply to you.##Indemnity by You####You agree to indemnify and hold Bizible, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties and/or your negligent or willful acts, and/or the violation by you of Bizible’s or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel slander, or unfair trade practices in connection with the use or operation of the Service. You obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.####No Third Party Beneficiaries####You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.##Interstate Nature of Communications on Bizible Network####When you register or subscribe with Bizible, you acknowledge that in using Bizible services to send electronic communications (including but not limited to search queries, sending messages to the Bizible blogs, uploading files and photos, running Bizible tools, and other Internet activities), you will be causing communications to be sent through Bizible’s computer networks located in Washington, and other locations in the United States. As a result, and also as a result of Bizible’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. According, by agreeing to this Agreement, you acknowledge that use of the service results in interstate data transmissions.####U.S. Export Controls####Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Bizible cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.####Term####This Agreement will remain in full force and effect while you use the Website and/or are a Member. You may cancel your Membership at any time, for any reason. Bizible may terminate your Membership by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to Bizible. If Bizible terminates your membership in this Service because you have breached this Agreement, you will not be entitled to any refund of unused Subscription Fees. All decisions regarding the termination of accounts shall be made in the sole discretion of Bizible. Bizible is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Bizible reserves the right to refuse service to anyone for any reason at any time.####Jurisdiction and Choice of Law####If there is any dispute arising out of the Website and/or the Service, by using the Website, you expressly agree that any such dispute shall be governed by the laws of the State of Washington, without regard to its conflict of laws provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Washington, in King County, for the resolution of any such dispute.####Other####The failure of Bizible to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The Terms of Service constitutes the entire agreement between you and Bizible and govern your use of the Service, superseding any prior agreements between you and Bizible (including, but not limited to, any prior versions of the Terms of Service). Questions about the Terms of Service should be sent to support@Bizible.com.
