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13866777 Canada Inc. (“TheBizKit”, “We”, “Us”, “Our”) owns and operates the TheBizKit website, available at https://www.thebizkit.com (the “Website”), which is used to provide access to Software as a Service called TheBizKit. It is a Cloud Based, Progressive Web Application that helps sales individuals/teams streamline their business (“Services”).
If you have elected to be an "Affiliate" you will also be legally bound by the Affiliate Marketing Agreement.
If you are a "Founding Member" and are taking advantage of these perks, you will also be legally bound by the Founding Member Agreement.
If you are an "Early Adopter" and are taking advantage of these perks, you will also be legally bound by the Early Adopter Agreement.
In addition, these terms contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrary requires [with limited exception] that you submit claims you have against us to binding and final arbitration, and further  you will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding,  you will only be permitted to seek relief [including monetary, injunctive, and declaratory relief] on an individual basis, and  you may not be able to have any claims you have against us resolved by a jury or in a court of law.
1.0 THEBIZKIT SERVICE
1.1 Services. The TheBizKit Platform is a Cloud-Based Software as a Service offering which allows registered individuals to organize their contacts and sales flow, business activities and depending on their level of subscription to be able to view the activity of their teammates.
1.2 Terms of Service. These Terms of Service (the “Terms”) apply to all visitors and users of the Website and Services (“you,” “your,” and “Users”). TheBizKit may modify these Terms at any time in our sole discretion by posting a notice on the Website or within our Progressive Web Application (“App”). Any changes will take effect 30 days from the date of posting of an update to these Terms.
2.0 REGISTRATION AND ACCOUNTS
2.1 Registration. In order to upload content on the Platform, Users must register for an account through TheBizKit.com. Any visitor to the Website can view certain listing information published on the Platform. By registering for an account, you represent and warrant that all information provided is accurate. If you register as a business entity or other organization, you represent that you have the authority to bind the entity to these Terms and any other agreement entered into with another user of the Services, in which case these Terms will be between such entity or organization and TheBizKit.
2.4 Billing Account & Price Terms for Subscriptions. Subscribers who purchase subscription Services are required to provide valid credit card and billing information (collectively known as “Billing Account”), which will be provided to TheBizKit’s third-party payment processor (“Payment Processor”). You agree to pay TheBizKit the amount that is specified in the applicable payment plan in accordance with the terms of such plan and these Terms, and you hereby authorize TheBizKit to charge your credit card in advance on a predetermined basis in accordance with the terms of the applicable payment plan until termination of your account, and you further agree to pay any charges so incurred.
TheBizKit reserves the right to change its pricing terms for Subscriptions and/or one-time payments at any time and will notify you in advance of such changes becoming effective. Changes to the pricing terms will not apply retroactively and will only apply for Subscription renewals or new signups after such changed pricing terms have been communicated to you. If you do not agree with the changes to TheBizKit’s pricing terms, then you may choose not to renew your Subscription in accordance with Section 2.5.
Your continued use of the Services after the price change becomes effective constitutes your agreement to pay the changed amount. You shall promptly advise TheBizKit if your Billing Account changes due to loss, theft, cancellation, expiry, or otherwise, and you shall be liable for any failure to pay fees caused by out-of-date billing information.
2.5 Subscription Renew & Cancellations
All amounts are payable and charged at the time of transaction and the beginning of the subscription term for both monthly and annual subscriptions. Each subscription will automatically renew for an additional period, equal in length to the expiring subscription term, until you cancel. You must cancel your monthly or yearly Subscription before the next renewal date to avoid the next Subscription billing. If you purchase your Subscription via the web app, you can cancel the renewal of your subscription at any time by accessing your profile subscription settings. If you purchased your Subscription through the Apple or Google App stores, you may cancel the renewal of your subscription at any time with the App Provider. Upon cancelling your subscription, you will have access to the service for the remainder of the subscription period. In the months following the cancellation you will continue to have access to your profile for the purpose of continuing the Affiliate Program should you choose to. You may opt out of being an Affiliate by selecting this option on your Profile.
2.6 No Refunds. TheBizKit does not issue refunds for partially used subscription periods or one-time payments. TheBizKit does not offer any refunds for purchases made through the Services.
3.1 Listings. We have no control over the conduct of our Users or the truth or accuracy of the information that Users share on the services. We cannot guarantee the true identity of any individual with whom you engage through the Services or verify any listing information. We do not endorse any persons who use or register for our Services. USE OF THE SERVICES ARE AT YOUR OWN RISK. THEBIZKIT SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, DEATH OR PROPERTY DAMAGE, CAUSED BY ANOTHER USER OF THE SERVICES.
3.2 User Disputes. You agree that you are solely responsible for your interactions with any other user in connection with the Services and TheBizKit will have no liability or responsibility with respect thereto. TheBizKit reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
4.0 PAYMENT TERMS
4.1 Fees. There are no monthly recurring fees to register for the TheBizKit Services unless the User registers for a subscription account. If the User selects the account type of Elite Influencer there is also a one-time fee plus the subscription amount chosen.
4.2 Payment Method. Users hereby agree that all payments will be processed using TheBizKit’s third-party Payment Processor, Stripe, and that all such payments will be governed by the Payment Processor’s terms and conditions available at https://stripe.com/ca/legal or as otherwise published by the Payment Processor.
4.3 Taxes. Any fees for Services are subject to applicable taxes which will be determined by TheBizKit and added to the respective fees.
5.0 LICENSE; INTELLECTUAL PROPERTY
5.1 License. Subject to your compliance with these Terms and your payment of any of TheBizKit’s fees owed hereunder, TheBizKit grants you a non-transferable, non-exclusive, non-sublicensable license to access and use the Website and the Services (the “License”) and to download and use the App once it is available. Except as explicitly provided herein, nothing in the Terms gives you a right to use the TheBizKit names, trademarks, logos, or other distinctive brand features without our prior written consent. The Apps are licensed, not sold.
5.2 Reservation of Rights. The Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, and music (the “TheBizKit Content”), and all intellectual property rights related thereto, are the exclusive property of TheBizKit and its licensors. Use of the TheBizKit Content for any purpose not expressly permitted by these Terms is strictly prohibited.
5.3 Feedback. You may choose to, or we may invite you to submit comments or ideas about the Website, App, and Services, including but not limited to, about how to improve the Services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place TheBizKit under any fiduciary or other obligation, and that we are free to use and exploit in any manner the Feedback without any compensation to you, and free to disclose the Feedback on a non-confidential basis or on any other basis, to anyone.
5.4 User Content. TheBizKit does not claim ownership of the data, materials and/or content created, uploaded or otherwise transmitted by you through use of the TheBizKit Website or Services, including but not limited to reviews, photos, and comments (“User Content”). However, by using the Website and/or Services, you grant TheBizKit a worldwide, royalty-free, non-exclusive license to collect, use, reproduce, store, display and sublicense such User Content for the purpose of operating the Website and Services.
5.5 Recognition/Badges/Other Sharable. TheBizKit gives permission for you to share screenshots, downloadable recognition awards that are given to you by using TheBizKit platform on your social media platforms, provided TheBizKit logo is not modified/hidden.
TheBizKit may impose certain limitations on the use of the Website or Services, including, but not limited to restricting the number of accounts for which you may register, and/or imposing charges for certain features of the Services. You agree to use the TheBizKit Website and the Services only for purposes as permitted by these Terms. TheBizKit reserves the right to modify or impose any limitations on the use of the TheBizKit Website and the Services at any time, with or without notice to you. We also reserve the right at all times to terminate any use of the Services at any time without any liability whatsoever. In using the TheBizKit Website and/or the Services you shall not:
(a) intentionally or unintentionally violate any of these Terms, or any local, state, provincial, national or international law or regulation, including without limitation using the capabilities of the Services to transmit any unlawful content, to harass or intimidate others, to spam third parties or to impersonate anyone;
(b) license, sell, rent, lease, transfer, assign or otherwise commercially exploit the TheBizKit Website or the Services;
(c) upload, post, email, transmit or otherwise make available any material that:
(d) modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the TheBizKit Website, Services, App or any other software provided by us;
(e) use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
(f) “stalk” or harass any other user of our Services or collect or store any information about any other user other than for purposes of transacting with one another;
(h) impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
(i) use automated scripts to collect information or otherwise interact with the Services or the Website;
(j) access or use the Website or Services for the purpose of copying any feature of the Website or Services or building a competitive product; or
(k) advocate, encourage, or assist any third party in doing any of the foregoing.
You agree to defend, indemnify and hold TheBizKit, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable legal fees, made by a third party, relating to or arising from: (a) any content you create, submit, post, transmit, or otherwise make available through the Website or Services; (b) your use of the Website or Services; (c) any dealings between you and any persons whom you send or otherwise transmit links or any content to using the Service, including without limitation claims relating to misrepresentation; (d) any violation by you of these Terms; (e) your violation of any rights of another, including any intellectual property rights or privacy rights; or (f) your violation of any contract you enter into with another user of the Services. This obligation shall survive the termination or expiration of these Terms and/or your use of the Services.
8.0 TERM; TERMINATION
8.1 Termination by TheBizKit. TheBizKit may, at any time and for any reason or no reason, without prior notice, immediately suspend all or a portion of your Account and/or access to the Website or Services. Cause for such termination shall include, but not be limited to: (a) violations of the Terms, or any other policies or guidelines that are referenced herein and/or posted on the Website or through the Services; (b) discontinuance or material modification to the Services or any part thereof; (c) a request and/or order from law enforcement, a judicial body, or other government agency; (d) where provision of the TheBizKit Website or the Services to you is or may become unlawful; (e) unexpected technical or security issues or problems; or (f) your participation in fraudulent or illegal activities. Any such termination or suspension shall be made by TheBizKit in its sole discretion, and TheBizKit will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Services.
9.0 THIRD-PARTY CONTENT; DISTRIBUTION CHANNELS
9.1 Links. The Website may contain links to other websites that are not owned or controlled by TheBizKit. In no event shall any reference to any third party, advertisement, third-party product or service be construed as an approval or endorsement by TheBizKit of that third party, third-party product or service. TheBizKit is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) or any advertisements does not imply that TheBizKit endorses or accepts any responsibility for the content or use of such websites, and you hereby release TheBizKit from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
9.2 DMCA. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at email@example.com (subject line: DMCA Takedown Request).
Notice: To be effective, the notification must contain the following information:
9.2 Distribution Channels. The App may be made available through the Apple App Store, Google Play or other distribution channel (“Distribution Channel”). If you obtain the App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel.
With respect to any App that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:
TheBizKit and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.
10.0 DISCLAIMER OF WARRANTIES AND CONDITIONS
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. THEBIZKIT SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND RELATING TO THEBIZKIT WEBSITE AND THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
ANY MATERIAL TRANSMITTED, STORED, ACCESSED OR OTHERWISE MAINTAINED THROUGH THE USE OF THE WEBSITE OR SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM ANY SUCH USE OF THE WEBSITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THEBIZKIT OR THROUGH OR FROM THE WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY STATED IN THESE TERMS.
11.0 LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL THEBIZKIT BE LIABLE FOR ANY DAMAGES THAT RESULT FROM (A) YOUR INABILITY TO USE THE WEBSITE OR THE SERVICES, (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (C) ERRORS, MISTAKES, OR INACCURACIES IN ANY INFORMATION AVAILABLE ON THE WEBSITE OR SERVICES, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES, ANY BUGS, VIRUSES OR OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR SERVICES, OR (E) ANY DEALINGS OR TRANSACTIONS BETWEEN YOU AND ANY PERSONS OR USERS WHOM YOU SEND OR TRANSMIT ANY CONTENT TO USING THE WEBSITE OR SERVICES, INCLUDING WITHOUT LIMITATION ANY PRODUCTS OR SERVICES OFFERED BY YOU TO SUCH PERSONS.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THEBIZKIT LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO TEHSE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIVE HUNDRED CANADIAN DOLLARS (CAD$500) OR (B) ALL THEBIZKIT’S FEES YOU’VE PAID IN THE 6 MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, AS SUCH, TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE SPECIFICALLY PROHIBITED BY LAW, SOME OF THE EXCLUSIONS OR LIMITATIONS SET FORTH BELOW MAY NOT APPLY TO YOU.
IF YOU ARE A USER FROM NEW JERSEY, USA, THE FOREGOING SECTIONS TITLED “DISCLAIMER OF WARRANTIES AND CONDITIONS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
12.0 GOVERNING LAW; JURISDICTION; AGREEMENT TO ARBITRATE
12.1 These Terms shall be governed by the laws in effect in the Province of Ontario, Canada. No choice of laws rules of any jurisdiction shall apply to these Terms. Subject to the Arbitration terms below, the courts of the Province of Ontario located in Ottawa shall have jurisdiction over any legal action or proceeding arising out of or relating to these Terms, TheBizKit Website or the Services and you consent to the jurisdiction of such courts for any such action or proceeding. You waive all rights that you may have or that may hereafter arise to contest such jurisdiction of such courts. The parties waive any right to a jury trial with respect to any action brought in connection herewith. The application of the United Nations Convention on Contracts for the International Sale of Goods to these Terms is expressly excluded.
12.2 Agreement to Arbitrate:
This Agreement to Arbitrate section (including this subsection and the subsections below) is referred to in these Terms as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and TheBizKit, whether arising out of or relating to these Terms (including any alleged breach thereof), the Website or Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and TheBizKit are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury.
Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND THEBIZKIT AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND THEBIZKIT AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
12.3 Pre-Arbitration Dispute Resolution
TheBizKit is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at firstname.lastname@example.org If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to TheBizKit should be sent to the notice address below:
Attention: Legal Support
13866777 Canada Inc.
Suite M228, 110 Didsbury Road,
The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If TheBizKit and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or TheBizKit may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by TheBizKit or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or TheBizKit is entitled.
12.4 Arbitration Procedures
If any dispute arises between the Parties relating to the application, interpretation, implementation or validity of this agreement, the Parties agree to resolve the dispute by arbitration using the Canadian Arbitration Association Expedited Arbitration Rules. The parties agree that the Canadian Arbitration Association Expedited Arbitration Rules give the parties a fair opportunity to present their case and respond to the case of the other side. The arbitration shall be held in [Ottawa] and shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The language of the arbitration shall be English.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE, SERVICES, OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.
13.0 ENTIRE AGREEMENT
14.0 CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, users of the Services from California, USA, are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact TheBizKit directly at:
Attention: Customer Support email@example.com
15.0 ENGLISH LANGUAGE
It is the express wish of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
16.0 CONTACT US
If you have any questions about these Terms or if you wish to receive any additional information, provide feedback, or raise any concerns in relation to the TheBizKit Website or the Services, please contact us at: firstname.lastname@example.org
Last Modified: March 16th, 2023
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