Terms of Service

Last updated: December 19, 2024

1. Introduction

These Terms of Service (the “Terms”) govern your use of the BizBone ERP Application (the “Service”), which is owned and operated by an affiliate of DVS BizBone, LLC (“BB”). In these Terms, “we,” “us,” and “our” refer to BB, and “you” and “your” refer to you, the user. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

Use of the Service includes, but is not limited to, signing up, creating an account, logging in, or otherwise accessing or interacting with the Service.

Changes to These Terms: We reserve the right to change these Terms at any time, for any reason, at our sole discretion. Please review these Terms periodically. Your continued use of the Service after the posting of any changes constitutes your acceptance of those changes and your agreement to be legally bound by them.

2. Eligibility to Use

The Service is intended for use only by individuals who are at least 18 years old or of legal age in their jurisdiction. By using the Service, you confirm that you are 18 or older. If you are under 18, you must obtain parental or legal guardian consent before using the Service. You are responsible for ensuring that your parent or guardian monitors your use of the Service and complies with these Terms. If you are under 18 and do not have permission from a parent or guardian, you are not permitted to use the Service.

3. Intellectual Property Rights; License

The Service and all content provided therein, including text, graphics, logos, images, audio, video, software, and other materials (collectively, the “Content”), are the property of BB or its licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable, and revocable license to use the Service for personal or business purposes as permitted by these Terms. You may not copy, distribute, modify, create derivative works from, or publicly display any portion of the Service or Content, except as expressly authorized by us.

All rights not expressly granted to you in these Terms are reserved by BB and its licensors.

4. Content Submissions

You retain ownership of any content you submit, post, or upload to the Service (the “Content”). However, by submitting Content, you grant BB a royalty-free, worldwide, perpetual, non-exclusive, transferable license to use, modify, reproduce, publish, and display the Content in connection with the Service. This license allows BB to display and distribute your Content through the Service and any associated promotional or marketing channels.

You are solely responsible for the legality, reliability, and accuracy of your Content. We do not review, monitor, or edit Content for accuracy or completeness. However, we reserve the right to remove or refuse any Content that violates these Terms or applicable laws. We may preserve Content and disclose it if required by law, legal process, or to protect the rights, property, or safety of BB, its users, or the public.

5. Content Rules

When using the Service, you agree to follow these guidelines for submitting and sharing Content:

  • You will comply with all applicable laws and regulations.
  • You will not impersonate any person or entity, use false identities, or engage in any deceptive activities.
  • You will not post or share content that is unlawful, harmful, abusive, harassing, defamatory, obscene, or infringes the rights of others.

We reserve the right to remove any content that violates these rules.

6. Disclaimer of Warranties

The Service is provided “as is” and “as available,” with no warranties of any kind, either express or implied. We do not guarantee that the Service will be error-free, uninterrupted, or meet your specific requirements. To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

7. Limitation of Liability

To the fullest extent permitted by law, BB and its affiliates shall not be liable for any damages, losses, or expenses arising from your use of the Service. This includes, but is not limited to, any indirect, incidental, special, consequential, or punitive damages, or damages for lost profits, loss of revenue, or loss of use, even if we were advised of the possibility of such damages.

In no event shall our total liability to you exceed the amount you have paid for the Service in the past 12 months, if any.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.

8. Indemnification

You agree to indemnify, defend, and hold harmless BB, its affiliates, officers, directors, employees, agents, and representatives from any claim, demand, or legal proceeding, including reasonable attorneys’ fees, arising out of or related to your use of the Service or any breach of these Terms.

9. The Member’s Account

When you create an account, you are responsible for maintaining the confidentiality of your account credentials, including your password. You agree to notify us immediately if you suspect any unauthorized access to or use of your account. You are responsible for all activities under your account, whether authorized or unauthorized. We reserve the right to suspend or terminate your account if we suspect any misuse or violation of these Terms.

10. Privacy Policy

Our Privacy Policy outlines how we collect, use, and protect your personal information. You can review the Privacy Policy following the welcome screen of the Service. By using the Service, you consent to the practices described in the Privacy Policy.

11. Modifications and Interruption to Service

We reserve the right to modify, suspend, or discontinue the Service, in whole or in part, with or without notice. While we strive to ensure uninterrupted access, we cannot guarantee that the Service will be available at all times. Factors beyond our control may affect the availability and performance of the Service.

12. Third-Party Sites

The Service may contain links to third-party websites. We are not responsible for the availability, content, or accuracy of third-party sites, and your use of any such sites is at your own risk. We do not endorse or control the content of third-party sites.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, USA. Any disputes arising from or related to these Terms shall be resolved in the courts located in Virgnia, unless the dispute is first submitted to binding arbitration.

14. Copyright Information

We respect intellectual property rights and expect users to do the same. If you believe that your copyrighted work has been infringed upon, you may submit a notice to us containing the following information:

  1. Your electronic or physical signature.
  2. Identification of the copyrighted work.
  3. Identification of the infringing material and detailed information on how to locate it such as a full URL.
  4. Your contact information (name, address, phone number, and email address).
  5. A statement that you have a good faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law.
  6. A statement, under the penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

The designated agent for copyright notifications is:

DVS BizBone, LLC
Attn: Compliance & Copyright Officer
1595 Spring Hill Rd, Suite 600, Vienna, VA 22182, USA

15. Other Terms

These terms shall not create any agency, partnership, franchise, or joint venture relationship between you and BB. All notices made pursuant to these Terms must be delivered in person or by means evidenced by a delivery receipt to the principal business or permanent residence address of the party receiving the notice. You may not assign these Terms to any third party without prior written consent from BB. These Terms shall be binding upon, and inure to the benefit of, the parties and their permitted respective successors and assigns. Any express waiver or failure by BB to exercise promptly any right under these Terms will not create a continuing waiver or any expectation of non-enforcement. If any provision of these Terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired thereby, and will be interpreted, to the extent possible, to achieve the purposes as originally expressed in the invalid, illegal or unenforceable provision. We are not liable under these Terms for any breaches caused by events or conditions beyond our control. These Terms state the entire agreement between you and BB regarding the Service. These Terms may not be modified without the consent of the duly authorized representatives of BB.

 

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