If you are a school or teacher in the United States and want your students, who are over 13, to use BizPortals, including in conjunction with the establishment of a BizPortals account for the school or a group of students at the school, you agree that you are responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”). This means you must notify those students’ parents/guardians of the personally identifiable information you will collect and share with BizPortals and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you should provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you agree that you will be responsible for complying with such laws.
The “Service(s)” include (a) BizPortals’ real-time communication and related systems and technologies, as well as the website bizportals.com, and our related mobile applications, and (b) all software (including the Software, as defined below), applications, data, reports, text, images, and other content made available through any of the foregoing. Any new features added to or augmenting the Service are also subject to this TOS. BizPortals reserves the right to modify or discontinue the Service (or any Service plan) or any feature or functionality thereof at any time without notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to BizPortals.
To the extent any portion of the Service is made available for a fee, you will be required to select a payment plan and provide BizPortals accurate information regarding your credit card or other payment instrument. You will promptly update your account information with any changes in your payment information. You agree to pay BizPortals the amount that is specified in the applicable payment plan in accordance with the terms set forth in the Service and this TOS, and you authorize BizPortals to bill your payment instrument in advance on a periodic basis in accordance with such terms. If you dispute any charges you must let BizPortals know within sixty (60) days after the date that BizPortals invoices you. All amounts paid are non-refundable and we reserve the right to change our prices in the future. If we do change prices, we will provide notice of the change on the Site and in email to you at least 30 days before the change is to take effect. Your continued use of the Service after the price change goes into effect constitutes your agreement to pay the changed amount. BizPortals may choose to bill through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated. Unpaid invoices are subject to a finance charge per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services other than U.S. taxes based on BizPortals net income.
You acknowledge that BizPortals may or may not pre-screen Content, but that BizPortals and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the BizPortals Service. If, for instance, you upload files that do not belong to you and make these files available publicly, we can delete those files. We may also review Content transmitted through non-public mechanisms such as BizPortals Document Libraries (“Non-Public Content”) where we deem appropriate, including for violations of this TOS or in response to a user complaint. Without limiting the foregoing, BizPortals and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that BizPortals may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of BizPortals, its users and the public.
You have the right to terminate your account at any time by using account deletion interface. We also reserve the right to terminate your account (or the access privileges of any Member) and this TOS at any time for any reason, or no reason, with or without notice. Upon termination of your account, we will have no obligation to maintain or provide Your Data, and will delete or destroy all copies of Your Data in our possession or control, in a reasonably expedient way, unless legally prohibited. However, all accrued rights to payment and the terms of Section 5 shall survive termination of this TOS.
In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these TOS, and the formation, validity, enforceability, scope, or applicability of this TOS, including this Section 10 (referred to as a “Claim”) will be resolved as follows:
You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the TOS must be filed with BizPortals within one (1) year after such Claim or cause of action arose or be forever barred. For Claims pursuant to the exceptions identified in Section 10.4, these Claims must be filed with the appropriate court within three (3) years after such claim or cause of action arose or be forever barred.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BizPortals’s Copyright Agent the following information:
BizPortals Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:
BizPortals
34 Anacapa Ln, Aliso Viejo,
CA 92656 U.S.A.
By email: support@bizportals.com
You shall defend, indemnify, and hold harmless BizPortals from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, any of Your Data, or your (and your Members’) use or misuse of the Service. BizPortals shall provide notice to you of any such claim, suit or demand. BizPortals reserves the right to conduct the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting BizPortals defense of such matters.
If any provision of this TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS will otherwise remain in full force and effect and enforceable.
Both parties agree that this TOS 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 TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS and you do not have any authority of any kind to bind BizPortals in any respect whatsoever.
You may not assign this TOS without the prior written consent of BizPortals, except in connection with a merger, re-organization or acquisition of all or a substantial portion of your assets by another company, but only upon 30-days prior notice to BizPortals. BizPortals may assign or transfer this TOS, in whole or in part, without restriction.
Except as otherwise set forth herein, all notices under this TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
You and BizPortals each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law.
The failure of BizPortals to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision.
You agree that your account is non-transferable and your rights to the content within your account terminate upon your death, however the content may be available and accessible by Administrative Users.
