Terms of Sale

PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Last Updated: April 16, 2009.

These Terms of Sale (“Terms of Sale”) govern your purchase of goods and services (including, without limitation, your purchase of subscriptions, physical goods, and/or pay-per-download material) on or through the The Biz ConneXion.com web site (the “Site”) which is presented by The Biz ConneXion and its corporate affiliates (collectively “us”, “we” or “The Biz ConneXion”). By purchasing any products or services on or through the Site, you affirmatively acknowledge that you have read and understand these Terms of Sale, and agree to be bound by them as in effect at the time of your purchase. By using the Site or any products or services offered on the Site, you agree to be also bound by the The Biz ConneXion Terms of Service (“Terms of Service”) and the The Biz ConneXion Privacy Policy (“Privacy Policy”), both of which are incorporated herein by reference.

These Terms of Sale are subject to change by The Biz ConneXion from time to time. In the event of such changes, we will post the changes on the Site and/or notify you via email. Also, we may ask you to review and consent to the changes at the time of your next account login or at the time of your next purchase on or through the Site. Changes to these Terms of Sale shall apply to any purchases made after such notice and consent. Please review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make any purchases on or through the Site.

1. Subscriptions

You must be a Biz ConneXion subscriber to access certain goods, services and content offered on the Site, such as the The Biz ConneXion Premium Content Services described in Section 1.4 below (collectively “Subscription-based Features”).

With respect to any Subscription-based Features, you acknowledge and agree that, by making such features accessible to subscribers in general, The Biz ConneXion will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients’ failure or inability to use such features.

1.1 Non-Trial Subscriptions

If you register to become a The Biz ConneXion subscriber, we will charge you the applicable subscription fee using your selected payment method, at the time of purchase. All non-trial subscription sales are final. You may turn off the auto-renewal at any time, but NO REFUND will be given, whether in whole or in part, and your access to the Subscription-based Features will continue only for the remainder of the non-trial subscription term.

1.2 Subscription Renewals

Your subscription will automatically be renewed at the end of the subscription term unless: (1) you turn off the auto-renew feature prior to the expiration date of your then existing subscription; or (2) you request a cancellation within thirty (30) days from the date your renewal payment has been accepted and processed (in which case you will receive a full refund of the renewal payment). NO REFUND will be given, whether in whole or in part, if you request a cancellation more than 30 days after your renewal payment has been accepted and processed, and your access to the Subscription-based Features will continue only for the remainder of the renewed subscription term. To cancel your subscription renewal, please go to the “My Account” section of the Site.

1.3 Trial Periods

In order to allow customers an opportunity to “sample” our products and services, occasionally we offer trial periods during which you will have the ability to cancel your subscription within a stated period of time and receive a full refund. If you do not cancel during the trial period, you will automatically be converted into a non-trial subscriber upon expiration of the trial period. If you cancel after the trial period has ended, NO REFUND will be given, whether in whole or in part, and your access to the Subscription-based Features will continue only for the remainder of the non-trial subscription term. To cancel your trial subscription, please go to the “My Account” section of the Site.

1.4 The Biz ConneXion Premium Content Services

Subscription is required to access certain parts of The Biz ConneXion’s virtual service that allows you to create and personalize media using certain content, including without limitation, audio, audiovisual and/or still images and to share such The Biz ConneXion Premium Content with others, all to the extent permitted by The Biz ConneXion (the “The Biz ConneXion Premium Content Services”).  For the avoidance of doubt, the The Biz ConneXion Premium Content Services are services (notwithstanding any use of the terms “purchase,” “buy,” “sell,” “order” or the like on the Site or in these Terms of Sale), and neither you nor your recipient obtains or retains any rights or ownership interest of any kind in or to any The Biz ConneXion Premium Content, and neither you nor your recipient may reproduce, distribute, transfer, modify, create derivative works or otherwise use such content in any manner other than as expressly authorized by The Biz ConneXion. All use of the The Biz ConneXion Premium Content Services is for your personal, non-commercial use only.

1.5 The Biz ConneXion’s Right to Terminate

The Biz ConneXion reserves the right to terminate your subscription at any time for any breach or violation by you of the Terms of Service. In the event of such termination, you will not be entitled to any refund of any unused portion of the subscription fee previously paid by you.

2.0 Membership Enhancements

We may offer membership enhancements for your subscription.   Such membership enhancements may be added for an additional NON-REFUNDABLE fee and may be cancelled at any time (provided that you will continue to have access to your purchased enhancements for the duration of your basic membership). You may renew your basic membership and choose not to renew your membership enhancements, but you may not renew membership enhancements without a basic membership.

3.0 General Provisions

3.1 Purchase Qualifications; Account Security

To make any purchase on or through the Site (including, without limitation, purchase of subscriptions, or physical goods), you must be a registered The Biz ConneXion member and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. The Biz ConneXion sells its products and services only to those who can legally make purchases with a credit card/debit card.  The Biz ConneXion reserves the right to refuse or cancel any customer order or terminate any customer account with The Biz ConneXion, at any time in its sole discretion (except as prohibited by law).

3.2 Payment Method and Terms

We accept PayPal, cashier’s check or checks drawn on a business account as forms of payment. By submitting an order on or through the Site, you authorize The Biz ConneXion, or its designated payment processor, to charge the purchase amount (and in the event of a subscription renewal, you authorize The Biz ConneXion, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed. All payments are to be made in United States Dollars. The Biz ConneXion reserves the right to report, investigate and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized or otherwise unlawful use of any credit card or debit card by any person on or through the Site.

3.3 Taxes

You are responsible for any and all applicable sales, use and other taxes, duties, and governmental fees and charges payable in connection with your purchase made on or through the Site. If you do not pay such taxes or fees on a transaction, you will be responsible for such taxes or fees in the event that they are later determined to be payable on such sale, and The Biz ConneXion reserves the right to collect or withhold such taxes or fees from you at any time.

3.4 Product and Service Availability; Errors

The Biz ConneXion may revise, discontinue or modify products or services offered on or through the Site, at any time without prior notice to you, If a product or service offered by you is or becomes unavailable, The Biz ConneXion may decline or cancel your order (and issue you a refund if you have paid for the order), with no further liability or obligation to you. If a product or service offered by you is or becomes unavailable, The Biz ConneXion may, in its sole discretion, offer to substitute your order with another product or service of equal or greater value, and will make such substitution only with your written or recorded consent.

While we strive to eliminate errors on the Site, we do not warrant that all products, services, information and content offered on the Site will be accurate, complete, reliable, current, or error-free. Unless expressly otherwise noted, all products, services, information and content offered on the Site are provided “as is” without warranty of any kind. In the event of an error by The Biz ConneXion in processing or delivering your order, The Biz ConneXion may, at its election: (1) correct such error and revise your order accordingly if necessary (including charging the correct price and billing you for any undercharged amount or refunding to you any overcharged amount, as the case may be); or (2) cancel your order affected by the error and issue a refund of the purchase amount actually paid by you for such order. By placing an order on or through the Site, you acknowledge and agree that, in the event of an error by The Biz ConneXion in processing or delivering your order, your sole remedy is to cancel your order and return the physical goods delivered (if any) for a refund of the purchase amount actually paid by you, all subject to The Biz ConneXion’s cancellation, return and refund policies set forth in these Terms of Sale.

3.5 Privacy

We care about the privacy of our customers. Please view the Site’s Privacy Policy.

3.6 Disclaimers

ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY THE BIZ CONNEXION. THE BIZ CONNEXION ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.

PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND THE BIZ CONNEXION DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE BIZ CONNEXION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. THE BIZ CONNEXION DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by The Biz ConneXion.

3.7 Limitation on Liability

EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL THE BIZ CONNEXION OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE BIZ CONNEXION IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE BIZ CONNEXION'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO THE BIZ CONNEXION FOR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE, BUT IN NO CASE WILL THE BIZ CONNEXION'S TOTAL LIABILITY TO YOU EXCEED THE PRORATED VALUE OF YOUR SUBSCRIPTION.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

8.8 Governing Law; Venue and Jurisdiction

You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and The Biz ConneXion or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Sonoma County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in Sonoma County, California.

3.9 Arbitration

YOU AND THE BIZ CONNEXION AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY THE BIZ CONNEXION SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.

Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the User will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY THE BIZ CONNEXION PRODUCTS OR SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to any products or services purchased by you on or through the Site be instituted more than three (3) years after the cause of action arose.

3.10 Indemnity

You agree to indemnify and hold The Biz ConneXion, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any products or services offered on the Site, or any violation of these Terms of Sale or of any law or the rights of any third party.

3.11 Miscellaneous

These Terms of Sale, together with the Terms of Service and the Privacy Policy, constitute the entire agreement between you and The Biz ConneXion regarding your purchase and use of The Biz ConneXion’s goods and services offered on the Site (including, without limitation, the The Biz ConneXion Premium Content Services), superseding any prior agreements between you and The Biz ConneXion relating to such purchase and use. The failure of The Biz ConneXion to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Service, these Terms of Sale shall be controlling.

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