Terms of use

User Agreement

This Is A Legally Binding Agreement.

By accessing, viewing, downloading or otherwise using businessboard or any webpage or feature available through businessboard, any information provided as part of the businessboard services, or any related emails, newsletters or services (hereinafter collectively “businessboard” or the “Services”), or by registering a new account, you conclude a legally binding agreement with Bizcom Inc. based on the terms of this User Agreement (“Agreement”). If you are using businessboard on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement. If you do not want to conclude the Agreement, do NOT register a new account and do not access, view, download or otherwise use any businessboard webpage, information or services.

1. User Obligations

Comply with the Agreement: You must comply with all applicable laws, the Agreement, as may be amended, and the following terms, which are incorporated into this Agreement:

Service Eligibility: You represent and warrant that you (a) are not under the age of 18 (b) have not previously been suspended or removed from businessboard; (c) are not a direct competitor of businessboard; and (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party. In addition, you must provide all equipment and software necessary to connect to businessboard, including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the Service and to use any part of the Service.

Keep your password secure: Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account — until you notify us of a breach, close down your account or prove that your account security was compromised due to a fault of our systems. You are prohibited from selling, trading or otherwise transferring your businessboard account or any information therein to another party or charging anyone for access to any portion of businessboard, or any information therein.

License and warrant your submissions: You do not have to submit anything to us, but if you choose to submit something (including any user generated content, ideas, concepts, techniques and data), you must grant, and you actually grant by concluding the Agreement, a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to exercise the copyright, publicity, distribution, and database rights to that content. By submitting any information to us, you represent and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation of any contractual restrictions or other third party rights. businessboard exercises no control over any content you or others submit when using businessboard. Note that we describe our current practices related to personally identifiable information collected through businessboard in our Privacy Policy and that we may update our policies and practices from time to time at our sole discretion.

Indemnify businessboard: You have to indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (b) any content you submit to businessboard or (c) any activity in which you engage on or through businessboard.

Pay businessboard: If you subscribe to any services that we offer for a charge, you will pay the applicable fees as they become due plus all related taxes and reimburse us for any collection costs and interest for any overdue amounts.

Notify businessboard of acts contrary to the Agreement: If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior written notice 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.

Premium Services: If you have access to any businessboard Premium Services, this User Agreement applies to your use of such services.

Creating postings and bulletins: businessboard may include various techniques, whereby you can post bulletins, observations and comments on designated topics. businessboard cannot guarantee that other members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Service. BUSINESSBOARD AND THE BUSINESSBOARD AFFILIATES ARE NOT RESPONSIBLE FOR A MEMBER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST IN ANY FORM.

Export Control: Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

Businessboard User Rights

On the condition that you comply with all your obligations under the Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable right to access, through a generally available web browser (but not any scraping, spidering, crawling or other technology or specialist software used to harvest data) to view information that we provide on businessboard webpages as we intend such information to be used, and only in accordance with the Agreement and any specific terms of use that we make available to you.

2. Businessboard Rights And Obligations

For as long as businessboard continues to offer services, businessboard shall provide (and seek to update, improve and expand, in similar and different new ways) the businessboard platform and service with the purpose of providing all members with services through businessboard’s tools, rules and protocols which businessboard may update, improve, discontinue and change at any time, at businessboard’s sole discretion.

Any other use of businessboard is strictly prohibited and a violation of this Agreement.

We allow you to access businessboard as it may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue businessboard, partially or entirely, or to charge and modify prices for businessboard. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in businessboard and all related items.

businessboard reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice. For avoidance of doubt, businessboard has no obligation to store, maintain or provide you a copy of any content that you or other users provide when using the Services. businessboard may include or automatically produce links to third party web sites (“Third Party Sites”). businessboard is not responsible for and does not endorse any advertising, products or other materials on or available from such web sites or resources. businessboard may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties. If you decide to leave businessboard and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from businessboard or relating to any applications you use or install from the site.

businessboard enables certain third-party developers (“Platform Developers”) to create websites and applications that retrieve data made available by businessboard and its users and/or that retrieve authorized data from third-party sites for use through the Service (“Platform Applications”).

Platform Developers may require you to agree to their own terms of service, privacy policies and/or other policies as a condition of using their respective Platform Applications. For a more detailed discussion of Platform Developers, please refer to businessboard’s Privacy Policy.

You acknowledge and agree that we may send you important information and notices regarding the Service by email or through other means, including mobile or other hand held devices. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service. You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of businessboard, the businessboard Affiliates, its users and the public.

3. Disclaimer

SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

DO NOT RELY ON BUSINESSBOARD, ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR BUSINESSBOARD AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY BUSINESSBOARD OR ANYTHING RELATED TO BUSINESSBOARD, YOU MAY LEAVE BUSINESSBOARD AND TERMINATE THE AGREEMENT IN ACCORDANCE WITH SECTION 6 HEREOF AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

BUSINESSBOARD IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH BUSINESSBOARD 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 TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.

4. Limitation Of Liability

SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.

Neither businessboard ,nor any of its subsidiaries, affiliated companies, employees, shareholders, or directors (“Businessboard Affiliates”) shall be liable for (1) any damages in Excess of 5 times the most recent monthly fee that you paid for a premium account (2) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from businessboard even if businessboard is aware or has been advised of the possibility of such damages. The limitation of liability set forth in the preceding sentence shall:

1. apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we knew or should have known about the possibility of such damages, or the limited remedies provided herein fail of their essential purpose, and
2. not apply to any damage that businessboard Affiliates cause you intentionally and knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated from in this agreement.

5. Termination

You may terminate the Agreement, for any or no cause, at any time, with notice to businessboard which shall be effective upon businessboard processing such notice. businessboard may terminate the Agreement for any or no cause, at any time, with or without notice, which shall be effective immediately or as may be specified in the notice. For avoidance of doubt, your access to any Premium Services may be terminated only by businessboard or the party paying for such services.

In furtherance and without limiting the foregoing, businessboard has adopted a policy of terminating, in appropriate circumstances and at businessboard’s sole discretion, members who are deemed to be repeat infringers of Copyright regulation. businessboard may also at its sole discretion limit access to the Service of users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

6. Consequences Of Termination

Upon termination, you lose access to businessboard. The terms of this Agreement shall survive any termination, except Sections 2 and 3 hereof.

7. Arbitration

Choice of Law: The User Agreement between you and businessboard will be governed by and construed in accordance with the substantive laws of the Province of New Brunswick and the laws of Canada applicable therein without regard to conflict of laws principles.

8. General Terms

Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

Notices: We may notify you via postings on www.businessboard.com, and via email or any other communications means to contact information you provide to us. You may notify us only via fax to: 506.444.2682 businessboard, Attn: Legal Department; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service 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.

Amendments to this Agreement: We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.businessboard.com or notifying you otherwise. If you do not want to agree to changes to the Agreement, you can terminate the Agreement at any time per Section 7 hereof.

No informal waivers, agreements or representations: Our failure to act with respect to a breach 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 businessboard Affiliate shall be deemed legally binding on any businessboard Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of businessboard.

No Injunctive Relief: 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 Service or any content or other material used or displayed through the Service.

Beneficiaries: businessboard Affiliates are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce the Agreement directly against you.

Assignment and Delegation: You may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially. We may also substitute, by way of unilateral novation, effective upon notice to you, Businessboard Corporation for any third party that assumes our rights and obligations under this Agreement.

9. Businessboard User Rules

As a condition to access businessboard, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:

businessboard users must:

• comply with all applicable laws, including, without limitation, tax laws, export control laws and regulatory requirements;
• provide accurate information to us;
• review the Privacy Policy;
• review and comply with notices sent by businessboard concerning businessboard;

businessboard users must not:

• duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, otherwise transfer or commercially exploit businessboard except as permitted in the User Agreement;
• reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide businessboard, or any part thereof;
• utilize information, content or any data you view on and/or obtain from businessboard to provide any service that is competitive, in businessboard’s sole discretion, with businessboard;
• imply or state, directly or indirectly, that you are affiliated with or endorsed by businessboard unless you have entered in to a written agreement with businessboard;
• rent, lease, loan, trade, sell/re-sell access to businessboard or any information therein, or the equivalent, in whole or part;
• use automated methods to add content, send messages or other permitted activities;
• access, via automated or manual means or processes, businessboard for purposes of monitoring its availability, performance or functionality or for any competitive purpose;
• engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of businessboard’s website;
• attempt to or actually access businessboard by any means other than through the interface provided by businessboard;
• attempt to or actually override any security component included in or underlying businessboard;
• engage in any action that interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications, attempts to gain unauthorized access, or transmission or activation of computer viruses;
• remove any copyright, trademark or other proprietary rights notices contained in or on businessboard, including those of both businessboard or any of its licensors;
• remove, cover or otherwise obscure any form of advertisement included as part of businessboard;
• use any information obtained from businessboard to harass, abuse or harm another person;
• collect, use or transfer any information, including but not limited to, personally identifiable information obtained from businessboard except as expressly permitted in the User Agreement or the owner of such information may expressly permit;
• interfere with or disrupt businessboard, including but not limited to any servers or networks connected to businessboard, or disobey any requirements, procedures, policies or regulations of networks connected to businessboard;
• use or attempt to use another's account without authorization, or create a false identity on Businessboard;
• infringe or use businessboard’s brand, logos and/or trademarks, including, without limitation, using the word “businessboard” in any business name, email, or URL or including businessboard’s trademarks and logos on any website without authorization;
• upload, post, email, transmit or otherwise make available or initiate any content that:
• falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
• is unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable;
• includes telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by businessboard;
• 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.
• contains software viruses 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 businessboard or any user of businessboard;
• forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or
• adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field).