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TERMS OF USE

Updated March 2022

THE BASICS OF USING GOBIZUSA.COM

To become a Member with GoBiz Solutions, Inc. (“GoBiz”), you may be required to sign up for an account, and select a safe password and user name (“Gobiz User ID”). It is mutually agreed that you promise to provide us with correct, security compliant, and complete, updated registration information about yourself. You may not select as your GoBiz User ID a name that you do not have the right to use, or another person or entity’s name with the intent to impersonate that person or entity. You may not transfer your account to any party without our prior written permission.

If you’re agreeing to these Terms of Use on behalf of a business, partnership, enterprise organization, or entity, you represent and warrant that you are authorized to agree to these Terms of Use on that organization or entity’s behalf and bind them to these Terms of Use (in which case, the references to “you” and “your” in these Terms of Use, except for in this sentence, refer to that organization or entity).

You will only use the Membership in a manner that complies with all laws that apply to you. If your use of the Membership is prohibited by applicable laws, then you are not authorized to use the Membership Services. We cannot and will not be responsible for your using the Membership in a way that breaks any laws.

As part of the Membership, you may receive communications through the Services, including messages that GoBiz sends you (for example, via phone calls, postal service, customer portal, email and SMS). When signing up for the Membership, you will receive a welcome message and instructions on how to stop receiving messages. BY SIGNING UP FOR THE MEMBERSHIP, YOU AGREE TO RECEIVE COMMUNICATIONS FROM GOBIZ, AND YOU REPRESENT AND WARRANT THAT EACH PERSON YOU REGISTER FOR THE MEMBERSHIP OR FOR WHOM YOU PROVIDE A WIRELESS PHONE NUMBER HAS CONSENTED TO RECEIVE COMMUNICATIONS FROM GOBIZ. You agree to indemnify and hold GOBIZ harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THE GOBIZ WEBSITE

Welcome to gobizusa.com. Let’s get started! Please read on carefully to learn the rules and restrictions, referred to as “Terms of Use”, that govern all uses of any of the GoBiz Websites (collectively, “Website”). Your use of this Website will indicate your acceptance of these Terms of Use, as amended from time to time, as well as the Privacy Policy, which is hereby incorporated into these Terms of Use. Please do not use this Website if you do not agree to be bound by these Terms of Use. GoBiz may periodically change the Terms of Use by posting the amended Terms of Use to this Website, so please check them from time to time as your continued use of the Website signifies your acceptance of any changed terms.

If you have any questions, comments, or concerns regarding the Term of Use or the Services, please contact us at support@gobizusa.com

GOBIZ MAKES EVERY REASONABLE EFFORT TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT THE COMPANY AND PRODUCTS ON THIS WEBSITE, HOWEVER, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS CURRENT OR THAT THIS WEBSITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE.

MEMBER TERMS OF USE

KEY DEFINITIONS

a.      “Content” means text, graphics, images, music, software, audio, video, information or other materials.

b.      “Services” is a transaction in which no physical goods are transferred from the seller to the buyer. The benefits of such a service are held to be demonstrated by the buyer’s willingness to make the exchange.

c.       “Member Content” means content that a Member posts, uploads, publishes, submits or transmits to GoBiz to be made available through the Services.

d.      “Member” refers to customers that have applied for and been accepted for Business or Enterprise memberships.

e.       “Non Member” refers to customers that have not applied or been accepted as a Member by GoBiz.

f.        “Business Member” refers to a Member who has purchased a membership by spending at least Two Hundred Dollars ($200.00) on goods on the Website.  Business Members may purchase for their own consumption or for resale from the Website directly, but will also have access to the Request for Quotes (“RFQ”) for bulk orders.

g.      “Enterprise Member” refers to a Member who has purchased a membership by spending at least Two Hundred Dollars ($200.00) on goods on the Website.  Enterprise Members must purchase in bulk for resale.  Transactions will happen online as well as through the RFQ feature that can be used on each catalogued product checkout window to obtain bulk pricing.  Enterprise Members will have also dedicated Customer Service representative within GoBiz.

MEMBER RIGHTS AND OBLIGATIONS

1.      Generally. In order to get the most out of the Services, Members can provide or otherwise make Member Content available to us for use in connection with the Services. For these purposes, you hereby grant to GoBiz a worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license to use, view, copy, adapt, modify, distribute, publicly display and publicly perform (through any means necessary) such Member Content on, through or by means of the Services and/or any of GoBiz’s advertising, marketing, publicity or other initiatives or events. GoBiz does not claim any ownership in Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit Member Content.

You acknowledge and agree that you are solely responsible for any and all Member Content that you make available through the Services.  Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all such Member Content or you have all rights, licenses, consents and releases necessary to grant to GoBiz the rights in such Member Content as contemplated under these Terms; and (b) neither the Member Content or any portion thereof nor your posting, uploading, publication, submission or transmittal of the Member Content or GoBiz’s use of the Member Content (or any portion thereof) on, through or by means of the Services and/or third party platforms will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or contain libelous, misleading, or otherwise unlawful, abusive, harassing or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services, or result in the violation of any applicable law or regulation. You agree that you will not use a false e-mail address, pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of any posts. You are solely responsible for any Member Content you make and its accuracy. GoBiz takes no responsibility and assumes no liability for any Member Content posted by you or any third party, and you agree to indemnify GoBiz per the terms of the Indemnification section herein.

2.      Membership Program

a)      Program. GoBiz offers customers who meet certain requirements a membership program as defined in Section 2(b) (“Membership”). Membership provides qualified Businesses with access to certain features and programs on the Website that are not offered to Non Member customers.

b)      Qualifications. To qualify for Membership, Business and Enterprise customers must apply for a Business Member Account with the Website.     When a customer’s application is approved, they shall be considered a Pending Member until they have reached the minimum purchase requirement. Business and Enterprise customers will qualify for Membership upon spending Two Hundred Dollars ($200.00) on goods from the Website within sixty (60) days of Membership approval (“Minimum Purchase Requirement”). The Minimum Purchase Requirement can be broken down into multiple orders but must be made within sixty (60) days of becoming a Pending Member. There is no minimum order other than meeting the Websites minimum order requirements. Membership shall become active as soon as the Minimum Purchase Requirement is met within the sixty (60) day window. Should the sixty (60) day period lapse without the Minimum Purchase Requirement having been met, the sixty (60) day period shall restart on the sixty-first (61) day. At its sole discretion, GoBiz may extend the Pending Member time period beyond sixty (60) days to welcome the Business or Enterprise Member to the GoBiz family.

c)       Features. Members are eligible for features such as free shipping on select products found on the Website or selected early access to new arrivals. Actual features may vary (including depending on your location) and may be modified or amended from time to time in GoBiz’s discretion. Details will be made available to you prior to your enrollment. Any features of Membership may not be applied retroactively to orders made when the customer was a Pending Member.

d)      Charges.  Submitting payment details in conjunction with your first Two Hundred Dollar ($200.00) purchase is a condition to becoming an enrolled Member, and you agree to pay for the products purchased, and any applicable taxes and other fees that may accrue, and authorize GoBiz and/or its credit card affiliates to charge the credit card with the information you have supplied to GoBiz, and/or to credit the credit card to make any adjustments if necessary. GoBiz reserves the right to correct any errors in pricing and the right to refuse any order. 

3.      Compliance with Policies. You agree to abide by and shall have all applicable rights and obligations as set forth in the Terms of Use and the Privacy Policy, and any and all additional policies and procedures adopted by GoBiz, as any of these may be amended from time to time, all of which are hereby incorporated by reference.

4.      Suspension and Termination. GoBiz may terminate Membership upon bankruptcy or withdrawal from a cessation of business by Member. GoBiz shall also have the right to suspend or cancel participation of Member if it violates any of the GoBiz Terms of Use or engages in conduct seriously prejudicial to the purposes and interests of GoBiz and fails to correct that breach within thirty (30) days of notice from GoBiz or the GoBiz staff. No refunds of Membership fees or other payments will be given. Suspension and termination are subject to other GoBiz Terms of Use.

5.      Closure of Inactive Account. In the event that a Member’s account is inactive for a period greater than one hundred and eighty (180) days, the Membership shall be subject to deactivation. Inactivity includes periods of time wherein no orders are placed. Following deactivation due to inactivity, a customer will be required to reapply for Membership pursuant to these Terms of Use to retain Member benefits.

6.      Terms of Use Debit Card.Members may be eligible to obtain a debit card that can be used to purchase items on the Website, and for general use, subject to approval by GoBiz and the sponsoring bank. GoBiz shall submit purchases made on the Website under credit terms to credit bureaus. However, the credit bureaus are responsible for recording such transactions, and GoBiz makes no representations regarding any actions of the credit bureaus and shall have no liability arising from any reporting to the credit bureaus.  .

GUEST TERMS OF USE

Guest Rights

1.      Generally. As a guest you consent to all incorporated Terms of Use of the Website, with use of the Website.

2.      For Transactions. All transactions through the Website or other transactions for services formed through the Website or as a result of visits made by you are governed by the Terms of Use applicable to your specific transaction, which are incorporated herein by reference. The Website may provide certain social media feature that enable you to link certain third-party websites to certain content on the Website, and send emails or other communications with certain content, or links to certain content, on the Website. You may use these features solely as they are provided by GoBiz, and solely with respect to content that is displayed with and otherwise in accordance with any additional Terms of Use we provide with respect to such features.

ACCOUNT REGISTRATION – BUSINESS AND ENTERPRISE MEMBERS

Member Accounts. To purchase goods through the Website as a Member (meaning an approved  buyer who purchases Goods through the Website for the purpose of resale or consumption), you must register, create a Membership account, and be approved by GoBiz (“Member Account”) as further set forth in the Terms of Use. We reserve the right to deactivate your account if we find that you are in breach of these Terms of Use.

Qualifications. To qualify for a Membership Account, Members must have:

1.      Tax ID or Employer Identification Number (EIN) or your State or region’s equivalent documentation; and

2.       Certification that you operate a business that is duly organized, validly existing and in good standing under the laws of your incorporating jurisdiction.

PRODUCT AND CONTENT COMPLIANCE

You acknowledge and agree that GoBiz is not required to determine whether the products sold on the Website, or any content related thereto: (i) are approved by GoBiz; (ii) comply with all laws, rules and regulations, including but not limited to, safety, labeling, testing, warning, import/export, and/or other consumer protection law requirements; (iii) do not infringe upon the intellectual property, publicity or other rights of others; (iv) do not contain false, inaccurate or misleading information; (iv) are allowed to be sold from the Brand’s (meaning a seller who offers to sell and/or sells its goods to Members through the Website) jurisdiction and/or into your jurisdiction; and/or (v) are allowed to be sold by you from your jurisdiction into your customer’s jurisdiction. You agree to conduct the necessary due diligence for compliance and suitability of Website and their products. You hereby release GoBiz from any liability with respect thereto, and agree to indemnify, defend and hold GoBiz harmless for any claims as set forth in the Indemnification section below.  

ORDERS

  1. Prohibition on Fulfillment Using Third Party Websites. You agree to not fulfill orders on third party websites unless they are approved by GoBiz.
  2. Order Minimums. GoBiz may specify a minimum dollar amount a Member must spend before a Website is willing to sell to a Member (an “Order Minimum”). This amount is set by the Website and may vary between products. The Website have the option to set a different Order Minimum for first orders and reorders you place with them.
  3. Right to Refuse. You acknowledge and agree that GoBiz may refuse to complete your purchase for any reason.
  4. Inventory. GoBiz will encourage its supply partners to have sufficient inventory to sell goods to Members. However, you acknowledge and agree that GoBiz does not guarantee the Website’s inventory or that there will be enough product to sell to you.
  5. Testers and Samples. The Website may sell testers. You may add only one tester per product SKU to any full order. Samples are currently not made available by  the Website.  At the sole discretion of GoBiz, samples may be shipped free of charge for potential bulk orders.  Please note that in the event you purchase testers, they are non-returnable and non-refundable.
  6. No Circumvention. You acknowledge and agree that you will place all orders for a Website’s products through the Website for any Product that you are first introduced to through the Website. Failure to comply with this provision may result in temporary suspension or permanent termination of your Membership and your ability to purchase products on the Website in the future.
  7. Shipping Address and Drop Shipping. You agree to provide a valid, physical address to receive the product that you order through the Website.  GoBiz does offer drop shipping to certain customers of certain Businesses. Businesses are also not allowed to forward purchased products to overseas locations, whether through mail forwarding services or otherwise.
  8. Taxes. You acknowledge and agree that you are solely responsible for the collection and remittance of any taxes, including sales taxes, as well as any other payments or filings required under applicable law. You hereby release GoBiz with respect thereto, and agree to indemnify, defend and hold GoBiz harmless against any and all such taxes, contributions, penalties and/or interest.

 

PAYMENTS

1.      Payment Methods. To make a purchase, you must link an approved payment method (such as a credit or debit card, but excluding pre-paid cards) with your account. By submitting payment details in conjunction with registering for an account and/or purchasing goods, you agree to pay for the goods purchased, and any applicable taxes and other fees that may accrue, and you authorize GoBiz to charge the payment method with the information you have supplied to GoBiz, and/or to credit that payment method to make any adjustments if necessary. GoBiz reserves the right to correct any errors in pricing. GoBiz will charge your default payment method on file in your account. If it fails, GoBiz reserves the right to charge any other payment method you have included in your Member Account.

2.      Payment Processors. GoBiz uses third-party service providers for credit card payment processing, fraud alerts, payment processing and disbursement of funds. You acknowledge and agree that GoBiz may share information about you with those payment processors in order to complete the transaction.

3.      Payment Accounts. GoBiz offers two types of payment accounts depending on the type of Member business (as described below): (1) Net 30 Terms Account (“Terms Account”); and (2) Payment on Shipment Account:

a)      Terms Account. GoBiz offers certain customers the option to purchase products with a Terms Account. To be eligible for a Terms Account, you must be approved by GoBiz. Your account may be reviewed for terms once your first order is placed and before it begins processing. If you are eligible for a Terms Account, then GoBiz will not charge your account until invoices are due thirty (30) days after the order is placed. However, you have the option to pay your invoices sooner by logging onto your account and paying any outstanding invoices. GoBiz reserves the right to have spending limits under this type of account. Once you either return the products (if eligible), or pay for the products, your credit balance will decrease. You may request to have your credit limit increased by requesting to do so in your account. Any purchases made over the credit limit must be paid upon shipment. You agree that you will not create multiple accounts in an attempt to circumvent spending limits.

b)      Payment on Shipment Account. If you are not eligible for a Terms Account, you must make payment when the product is shipped. Your method of payment will automatically be charged once the order is in transit.

4.      Failure to Make Payment & Payment Plan Program. You acknowledge and agree that if you fail to make timely payment for any Goods or Services you ordered, GoBiz may, at its option and without notice to you, demand immediate payment of all outstanding invoices, cancel or suspend orders, suspend or revoke your line of credit, offset monies that may be owed to you, asset late payment penalties at the highest rate allowed by law and/or temporarily suspend or permanently terminate your account.  GoBiz reserves the right to turn your account over to a collection agency or seek any other legal or equitable remedies available to collect any outstanding debt. You acknowledge and agree that if any payment becomes thirty (30)   days past due, and you have not otherwise opted into a payment plan program offered by GoBiz, GoBiz may at its option automatically enroll you into a three (3) month payment plan, and you hereby agree to pay the total amount due in equal weekly installments over such three (3) month period. GoBiz reserves the right to apply a fee for this service. This payment plan program is only applicable to the purchase of Goods, and does not apply to any paid subscription plans or other Services.

 

5.      Shipping Costs. Unless GoBiz has authorized free shipping through its “Free Shipping Campaigns” you are responsible for and agree to pay for all shipping costs displayed on your invoice. Free Shipping Campaigns may have an imposed transaction limit which will be outlined under that specific campaign.  Free shipping may not apply to multiple drop ship locations. Shipping costs will be included in your invoice. Bulk shipments that are transacted via the Websites RFQ interface will undergo a shipping quotation process.  You may also choose to have bulk transactions shipped under your own shipping account.  Shipping costs will vary depending on the weight of the shipment and where the package is being shipped from.

 

6.      Lead Times. You acknowledge that lead times vary on how long it takes for a product to be shipped. Average lead times are displayed on the Website and/or when the product is in your cart. If any order takes longer than two (2) weeks to ship, your invoice due date will be automatically extended by two (2) weeks. Once the order is accepted, the expected ship date will be updated in your account. You will receive a notice once the product has shipped, giving you a tracking number.  The cost of shipping that are not covered by any Free Shipping Campaigns will be displayed at checkout as well as on your invoice. This information is also available in your account.  RFQ based transactions will also be governed by additional terms and conditions.

 

RETURNS, REFUNDS AND CANCELLATIONS

GoBiz offers free returns on qualifying orders placed through the Website. From the date the order is shipped, you have thirty (30) days to return the product for a full refund, unless otherwise stated herein (“Return Eligibility Period”). When goods are returned to GoBiz by a Member, GoBiz may at its option redistribute those products through its various redistribution channels. To qualify for free returns and prevent future charges, you must adhere to GoBiz’s return policies. You acknowledge and agree that any orders from a Website not covered in GoBiz’s return policy are not eligible for return, except under certain limited circumstances described therein. If a Business Member needs to return goods, it will need to provide GoBiz with a Return Materiel Authorization  (“RMA”) form. The RMA form can  be requested through the Customer Dashboard.  The Goods have to leave the customer’s premise within the 15-day period upon on arrival.  

GoBiz promises its customers that any product that has been wrongly shipped will be replaced, with cost of replacement and return of the incorrect product being covered by GoBiz.  We care about our customers and aim to earn their trust and business.

Customers will be given Website store credits in the amount of the product value that qualified to be returned.

1.      Acceptable Reasons for Return, under a Return Materiel Authorization. 

GoBiz reserves the right to determine whether any return is authorized. The following are generally acceptable, but not guaranteed reasons for returns: defects in workmanship and related quality issues (GoBiz reserves the right to require proof of defect before authorizing such a return), product damage, and the wrong item being sent. The return window will remain open for thirty (30) days from date of shipment. Claims that an item was not received must be confirmed by carrier receipt of proof of delivery before a refund will be issued.

2.      Items Not Eligible For Return. There are products that GoBiz cannot accept returns for any of the following:

1.      Products that were reordered. Double check your order before it is placed to avoid reordering;

2.      Private label products. We do not want to dispose of products with your name on it.

3.      Customized or custom packaged products;

4.      PPE, Personal Protective Equipment products;

5.      Vitamins and Supplements, food and drinks;

6.      Products with a value of over Three Hundred and Twenty-Five Dollars ($325.00);

7.      Shampoo, soaps and cosmetic products;

8.      Testers or sample items;

9.      Individual items from a bundled set;

10.  Items marked “final sale”;

11.  Items that have been used or are in less than perfect condition;

12.  Seasonal or holiday items; or

13.  Other items determined by GoBiz in sole discretion.

3.      Return Policies. To help GoBiz process your return properly and prevent future charges, you must adhere to GoBiz’s return policies as outlined below:

1.      Return products eligible for return in new and unworn condition in the original packaging with original tags for a full refund. Original shipping fees for these products are non-refundable.

2.      Any product that has been resized, damaged or otherwise altered after delivery will not be accepted for return.

3.      Eligible products must be returned using a trackable shipping method using a shipping label provided by GoBiz (if and where available).

4.      When you return eligible products, do not also include products that are ineligible for return, as you will not receive refunds for these products and we cannot guarantee their return shipment to you. In addition, some special product, order or handling fees may still apply.

You acknowledge and agree that any additional orders from the Website not covered under these Terms of Use are not eligible for return, except under certain limited circumstances described herein.

If you have a Terms Account, then GoBiz will not charge you for any products you return during the Return Eligibility Period as long as there is still an outstanding invoice that has not been paid. If you have a Payment on Shipment Account, or have already paid for the order, you will be refunded directly through your original payment method upon GoBiz receiving the returned shipments that meet GoBiz’s requirements. All returns need to be created through your Customer / Business Member & Enterprise Membership Dashboard.

GoBiz reserves the right to charge your account in the event of any missing or damaged items in your returned products.

Although GoBiz currently agrees to pay shipping on returned items that qualify, you acknowledge and agree that you pay for all shipping costs to your Business address. Those shipping costs are non-refundable, even if you later return those items under this Section. In some cases, GoBiz may determine that a refund can be issued without requiring a return and we hope that you have a good use for the product.  If you are not required to mail your item back for a refund, you will be notified during the return process or by a Customer Service Associate.

4.      Cancellations.

You may request to cancel an order within 24 hours of placing it if the order has not yet shipped or begun processing by the Website, regardless of whether the order is a first order with the Website. If the order has already shipped, you cannot cancel it. Cancellation requests must be submitted via your Customer Dashboard.

5.      Damaged or Missing Items.

If you receive a product that is damaged or the shipment includes missing items, you must report the issue within fourteen (14) days of receipt. You agree that if you do not timely report the issue, the product shall be deemed delivered and satisfactory. All reports must be submitted via your Customer Dashboard.

You agree to provide the requested information including accurate photographs of all damaged items. You have the option of choosing to replace the goods or to cancel the order. You acknowledge and agree that it is your sole responsibility to follow up with the Website in an attempt to resolve the dispute, and you hereby release GoBiz from all liability with respect thereto. Only those issues that are reported through your Customer Dashboard on the Website will be processed.

GoBiz reserves the right to accept or reject any report filed by a Business Member or Enterprise Member in its sole discretion and/or charge a Member’s payment method on file, including in the event GoBiz suspects any fraudulent activity. GoBiz’s decision whether to accept a damaged or missing claim shall be final.

LIABILITY OF GOBIZ AND ITS LICENSORS

GOBIZ AND ITS LICENSORS DO NOT ASSUME ANY LIABILITY FOR THE MATERIALS, INFORMATION AND OPINIONS PROVIDED ON, OR AVAILABLE THROUGH, THIS WEBSITE (THE “SITE CONTENT”). RELIANCE ON THE SITE CONTENT IS SOLELY AT YOUR OWN RISK. GOBIZ DISCLAIMS ANY LIABILITY FOR INJURY OR DAMAGES RESULTING FROM THE USE OF ANY SITE CONTENT.

PRIVACY; PROTECTION OF PERSONAL INFORMATION

GoBiz takes the privacy of its Members and Non Members very seriously.  Our use of your personal information and your responsibilities in connection with protecting your privacy are described in our Privacy Policy and is incorporated by reference into these Terms of Use.

DISCLAIMER

This Website and Site Content are provided on an “as is”, “as available” basis without warranties of any kind, express or implied including but not limited to those of merchantability, fitness for a particular purpose or non-infringement or any warranty arising from a course of dealing, usage or trade practice. GoBiz makes no warranty or representation with respect to the quality, accuracy or availability of the GoBiz Website. Specifically, GoBiz does not warrant or represent that GoBiz Website, the Site Content or the services provided on or through this Website will be accurate, reliable, error-free or uninterrupted; that defects will be corrected; that the GoBiz Website or the server that makes it available are free of viruses or other harmful components; or that the GoBiz Website will otherwise meet your needs or expectations.

DISCLAIMER OF LIABILITY

By using the Website, you assume all responsibility and risk for the use of this Website and the Internet generally. Under no circumstances including negligence shall GoBiz or anyone involved in creating or maintaining this Website be liable for and DIRECT, INDIRECT, INCIDENTAL, SPECIAL or CONSEQUENTIAL DAMAGES or LOST PROFITS that result from the use or inability to use the Website, the Site Content or the services provided on or through this Website and/ or any other websites which are linked to this Website. Nor shall GoBiz or anyone involved in creating or maintaining this Website be liable for any such damages including, but not limited to reliance by a member or visitor or any information obtained via the Website; or that results from mistakes, omissions, interruptions, deletion or files, viruses, errors, defects or any failure of performance, communications failure, theft, destruction or unauthorized access whether or not GoBiz has been advised of the possibility of any such damages.

SUBMISSIONS

All submissions sent by you will become GoBiz property and will be used at GoBiz’s sole discretion. All submissions are non-confidential for all purposes. GoBiz reserves the right to remove or refuse to post any submissions for any reason. By submitting material, you specifically give GoBiz a non-exclusive, royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media. You are prohibited from transmitting any “sensitive” personally identifiable information over the Website, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/ social insurance numbers or national identifiers, credit card, bank account or other financial information, other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters. You are also prohibited from:

(i)                 Using the Website to send or post harassing, abusive, or threatening messages;

(ii)              Transmitting through the Website any information, data, text, files, links, software, or other materials that are unlawful, harmful, threatening abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable, soliciting passwords or personal information for commercial or unlawful purposes, including hidden pages, links or images, providing instructional information about illegal activities, or which threatens GoBiz’s relationships with its partners, customers or suppliers;

(iii)            Attempting to conceal or misrepresent the identify of the sender or person submitting the information;

(iv)             Disrupting the normal flow of the Website, including any dialogue on the Website or otherwise act in a manner that negatively affects other participants;

(v)               Sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited adverting, promotional materials, or any other forms of solicitation or commercial content;

(vi)             Intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Website;

(vii)          Posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming or disabling mechanism;

(viii)        Using the Website in such a way that damages the image or rights of GoBiz, other users or third parties; and

(ix)             Using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Website or the Sit Content in whole or in part.

By submitting any material through this Website, you agree to the terms of the following License and Release, and the Terms of Use of GoBiz’s Website.

LICENSE AND RELEASE

For good and valuable consideration herein acknowledged as received, I hereby grant to GoBiz, its legal representatives and assigns, those for whom GoBiz is acting, and those acting with its authority and permission, a royalty free, perpetual, irrevocable, and worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, copyright, distribute and display any and all written content and related materials including my name and photographic images that I submit to GoBiz (collectively, “Submissions”), in whole or in part, without restriction as to changes, alterations, in conjunction with my own or a fictitious name, on GoBiz’s website or in any media form throughout the world for GoBiz’s commercial or non-commercial purposes.

I further acknowledge that the received consideration is payment in full regardless of any continuous publishing of my Submissions in any media form. I shall have no claim to additional compensation and no claim (including without limitation, claims based upon invasion of privacy, defamation or right of publicity) arising out of any use, alteration or use in composite form of my name or photographic images, in the finished materials produced hereunder.

I hereby release, discharge and agree to indemnify and hold the Indemnified Parties, any and all persons acting under their permission or authority, or those for whom any Indemnified Party is acting, from liability relating to any use by an Indemnified Party of any Submissions, including, but not limited to, by virtue of any alteration or use in composite form, whether intentional or otherwise , that may occur in any publication in any medium regardless of its effect or perceived effect upon me.

I represent that I am over 21 years of age. I also represent that I have the right to enter into this agreement and have no conflicting commitments or obligations that would interfere with rights herein granted. I have not authorized, nor will I authorize or permit the use of my name or photographic image in connection with the advertising or promotion of any product or service that is competitive to or incompatible with those of GoBiz.

COMPLIANCE

The owner of this Website is based in the State of California, USA. GoBiz makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.

CONTACT

Please contact us at info@gobizusa.com if you become aware of any content that may infringe the copyright or other intellectual property rights of a third party or that you believe to be in violation of these Terms of Use.

E-COMMERCE TERMS OF USE

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communities be in writing.

ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communities be in writing.

YOUR ACCOUNT

You may never use another’s account without permission. When creating your account, you must provide accurate and complete information. If you use this Website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You must notify GoBiz immediately of any breach of security or unauthorized use of your account. Although GoBiz will not be able liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of GoBiz or others due to such unauthorized use. GoBiz reserves the right to deny or revoke access to this Website, or any part thereof, or to otherwise terminate a user’s access to its Website, at any time in its sole discretion, with or without cause and without notice to you. Any information related to your use of this Website for illegal purposes will be provided to law enforcement authorities. GoBiz does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with involvement of a parent or guardian. GoBiz reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

PAYMENT TERMS AND FINANCIAL SERVICES TERMS

Your use of the Payment Processing Services may be subject to additional terms that apply between you and one or more of GoBiz, a GoBiz affiliate, a Payment Method Provider, and a Payment Method Acquirer. When these additional terms relate to a specific Payment Method they are “Payment Terms”, and when they relate to specific Payment Processing Services they are “Financial Services Terms.” By using the Payment Processing Services, you agree to the applicable Payment Terms and Financial Services Terms including those that separately bind you with GoBiz’s affiliates, Payment Method Providers and/or Payment Method Acquires. Additionally, a Payment Method Provider may enforce the terms of this Agreement directly against you.

We may add or remove Payment Method Providers and Payment Method Acquirers at any time. The Payment Terms and Financial Services Terms may also be amended from time to time. Your continuing use of the Payment Processing Services constitutes your consent and agreement to such additions, removals and amendments.

INDEMNITY

You will indemnify and hold us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees, agents) harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this Agreement, your improper use of GoBiz’s Services or your breach of any law or the rights of a third party.

ASSIGNMENT

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without GoBiz’s prior written consent. Any attempt by you to assign or transfer these Terms of Use without such consent will be null and of no effect. GoBiz may assign or transfer these Terms of Use in its sole discretion without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

TERMINATION

Notwithstanding any of these Terms of Use, GoBiz reserves the right, without notice and in its sole discretion, to terminate your license to use this Website, and to block or prevent future access to and use of this Website if you violate any of these Terms of Use or its policies. Upon termination, these Terms of Use shall still apply. 

APPLICABLE LAW, VENUE AND LIMITATION OF ACTIONS

These Terms of Use and Privacy Policy are governed by and will be construed in accordance with the laws of the State of California, USA, without regard to its conflicts of law principles. ANY LEGAL ACTION OR PROCEEDING RELATING TO YOUR ACCESS TO, OR USE OF, THE WEBSITE OR THESE TERMS OF USE NOT SUBJECT TO THE ARBITRATION PROVISION SET FORTH HEREIN WILL BE INSTITUTED ONLY IN A STATE, OR FEDERAL COURT LOCATED IN ORANGE COUNTY, CALIFORNIA, USA. YOU AND GOBIZ AGREE TO SUBMIT TO THE JURISDICTION OF, AND AGREE THAT VENUE IS PROPER IN, THESE COURTS IN ANY SUCH LEGAL ACTION OR PROCEEDING.

BINDING ARBITRATION

You and GoBiz agree that any controversy or claim arising out of or relating to the Website, use of the Website, the Terms of Use and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by both GoBiz and you, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling 800-352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. If you initiate arbitration against GoBiz, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If GoBiz initiates arbitration against you, GoBiz will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable, or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither you nor GoBiz shall be entitled to arbitrate their dispute.  You or GoBiz may seek injunctive relief in a Court of competent jurisdiction.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.   BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

CONSENT TO EMAIL, SMS, AND MAIL COMMUNICATION

When you visit this Website or send email to GoBiz, you are communicating with GoBiz electronically. You consent to receive communications from GoBiz through mail or electronically and agree that GoBiz may communicate with you by email or by posting a notice on this Website or your specific Customer Dashboard. You agree that GoBiz may treat specific actions by you, such as checking boxes to receive email updates, sending GoBiz an email directly or through the Website, or leaving a telephone message with an email address for customer service to respond to a query about your account, as a request that GoBiz communicate information with you by unencrypted email. You acknowledge and agree that unencrypted email sent over the Internet is not secure and may be read by others, and you agree that when you request that GoBiz send you email you are authorizing GoBiz to transmit and disclose your information (including financial information) from time to time in an unencrypted manner. You further acknowledge that emails sent with this information are not stored in a secure manner.

LEGAL EQUIVALENCY

This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.

LIMITATION OF LIABILITY

Under no circumstances will GoBiz be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you have been advised of the possibility of such damages. GoBiz is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your GoBiz Account, or data, or your failure to use or implement anti-fraud measures, security controls, or any other data security measure. GoBiz further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Terms of Use; (b) any unauthorized access of servers, infrastructure, or data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any data provided to GoBiz; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others.

You agree to limit any additional liability not disclaimed or denied by GoBiz to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of the total amount paid by you to GoBiz during the three (3) month period immediately preceding the event that gave rise to your claim for damages.

These limitations on GoBiz’s liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis.

GoBiz provide the Services from facilities in the State of California, United States. GoBiz does not claim, and cannot guarantee, that Services GoBiz provides are or will be appropriate or available for any other location or jurisdiction, comply with the laws of any other location or jurisdiction, or comply with Laws governing export, import, or foreign use.

MISCELLANEOUS

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and GoBiz with respect to the GoBiz Website, and no other terms that may have been communicated to you orally or in any other manner shall have any force or effect. The Privacy Policy may also be amended from time to time.  ANY CAUSE OF ACTION YOU MAY HAVE WITH RESPECT TO THE GOBIZ WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ARISES OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. 

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties. The other provisions of these Terms of Use shall remain in full force and effect.

GoBiz's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision. Neither a course of dealing or conduct between you and GoBiz nor any trade practices shall be deemed to modify these Terms of Use.

 

THESE TERMS OF USE ARE SUBJECT TO CHANGE WITHOUT NOTICE