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online application, online productivity tool
online application, online productivity tool
Terms & Conditions of Usage
Bizware Online Applications, Inc ("Bizware") provides through its WebTeam brand the following suite of online software tools or applications ("Applications"):
Address Meister
Bulletin Meister
Custom Bid
Doc Meister
Help Meister
KB Meister
Pledge Meister
Spreadsheet Meister
Task Meister
and such other Applications as will be released over time.

Your use of these Applications are subject to the following Terms and Conditions of Usage ("TCU"). In addition, you will be subject to any guidelines, policies, rules or additional terms applicable to these Applications which Bizware may communicate to you or post from time to time. These guidelines, policies, rules or additional terms are considered included in this TCU.

1. Description of Applications

Bizware provides a collection of Applications, primarily in the area of productivity tool and utilities. The features and functions of each Application is described in the online documentation of each Application. Bizware may change such features and functions, as well as the terms and conditions of the TCU at any time and from time to time, with or without notice. Notice of significant changes will be posted on the website of the Application, WebTeam or Bizware, which you must review periodically. You agree that Bizware shall not be liable to you or any third party for any modification of the Applications.

2. Application Requirements

In order to use the Applications, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

In addition, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the Application's registration form and payment authorization form and (b) maintain and promptly update such registration and payment authorization information to keep it true, accurate, current and complete.

3. Payment of Fees

You agree to pay all subscription, service and use fees, if any, that Bizware charges you for the Application. Such fees will be posted on the Application's website and may be changed by Bizware at any time and from time to time by providing you with 30 days prior notice. You agree to pay all costs (including attorneys' fees), if any, incurred by Bizware in collecting overdue fees from you, and to pay a late charge on any overdue fees at a rate equal to the lesser of 1.5% per month or the maximum allowed under applicable law. You also agree to pay all foreign, federal, state and local taxes applicable to your access, use or receipt of the Application. Bizware may, at its option, include such taxes in the fees charged to you, in which event you shall pay such taxes to Bizware.

Bizware will not issue invoices or bills to you. You will authorize Bizware to charge fees, on a monthly basis, directly to your credit card or debit your checking account. Before you can complete enrollment, you must complete the payment authorization form. Each time you use the Application, you reaffirm your authorization to Bizware to charge or withdraw funds from your account.

4. Users

You may designate up to a designated number of registered users under your account, each with his/her user name and password. You agree immediately to notify Bizware if you become aware of any loss or theft or unauthorized use of any of your user name(s), password(s), and/or other personal or company identification numbers that may be assigned to you by Bizware, billing data, registration information or payment authorization information.


You may have a reasonable number of unregistered visitors to the public areas of the Applications under your account. A reasonable number is defined as the amount reducing the throughput of the server hosting your Application by no more than 50% of its capacity over a period exceeding 10 minutes.

5. Passwords and Security

Bizware agrees to exercise reasonable care to prevent any unauthorized person or entity from gaining access to your registration information, payment authorization information, billing data, user name(s), password(s) and any other personal or company identification numbers that may be assigned to you by Bizware. The security of your information and data may be maintained through the use of data encryption, data security protocols, passwords and other methods which Bizware may employ, or which Bizware may suggest or require that you employ from time to time. You acknowledge and agree that any and all damages to you or any third party from any breach of the above security system shall be bounded by the total amount of payments made by you to Bizware as part of using the Application.

You acknowledge and agree that Bizware shall not be liable for any damages incurred by you or any third party in connection with any unauthorized access to or disclosure of such information or data resulting from your actions or from your failure to act, or the actions or failure to act of a third party, or the failure of electronic or other security measures.

6. Privacy

Bizware will not disclose any data about you or your clients that you enter into an Application unless compelled to do so by law. If Bizware is ordered to make such disclosure, Bizware will use its reasonable efforts both to notify you and to allow you the opportunity to oppose such disclosure. Bizware reserves the right to disclose information about you or your account to appropriate authorities if there is a reasonable basis to believe that there is illegal activity, breach by you of the TCU or in the event of an emergency.

7. Spam

Many WebTeam Applications include the ability to send email. It is your responsibility to make sure that such email is never sent to recipients who have not requested it, particularly regarding the Bulletin Meister Application. Such unrequested email is referred to as spam. Sending such spam is grounds for immediate termination of your WebTeam account. Various government regulations prohibit spam and prescribe significant penalties for violators. Bizware will cooperate with all such government agencies to enforce such regulations, including but not limited to providing information about spamming violators.

8. Storage of Your Data

Bizware agrees to exercise reasonable care to produce backup copies of the data you enter as part of using your Application. Such backups will include redundant hard drives, tape drives, CD archiving, off-site storage, and such techniques as warranted under the best practices guidelines of our security professionals. At any time of your choosing, you may request a copy of your data to be sent to you electronically as an export from the Application's database in an XML format.

You acknowledge and agree that any and all damages to you or any third party from any breach of the above backup system shall be bounded by the total amount of payments made by you to Bizware as part of using the Application.

9. Our Proprietary Rights

You acknowledge and agree that the Application and any necessary software used in connection with the Application contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to modify, rent, lease, loan, sell, distribute, copy, sell, resell or exploit for any commercial purposes, any portion of the Application, use of the Application, or access to the Application.

Bizware grants you a non-transferable, non-exclusive and terminable right and license to use the object code of its Application; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Application or any part thereof or otherwise attempt to discover any source code, or sell, assign, sublicense, grant a security interest in or otherwise transfer any right in or to the Application. You agree not to modify the Application in any manner or form beyond the features provided by Bizware, or to use modified versions of the Application, including without limitation for the purpose of obtaining unauthorized access to the Application. You agree not to access the Application by any means other than through the interface that is provided by Bizware for use in accessing the Application.

Bizware's, WebTeam's, and each Application's logos and other Bizware trademarks, service marks, logos and product and service names that may be used in connection with the Application are trademarks of Bizware. You agree not to display or use the Bizware marks in any manner without Bizware's express prior written permission.

10. Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE APPLICATION IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIZWARE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOU FURTHER EXPRESSLY AGREE THAT NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZWARE OR THROUGH OR FROM THE APPLICATION SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TCU AND THAT NO ACCOUNTING, FINANCIAL OR LEGAL ADVICE OR COUNSEL IS GIVEN OR SHALL BE DEEMED TO HAVE BEEN GIVEN BY THE SERVICE.

11. Interruption of Service

From time to time, the Application may be temporarily interrupted or curtailed due to equipment modifications, upgrades, relocation, repairs and other similar activities necessary during the operation and upgrade of the Application. Bizware will post notice of periodic interruptions of the Application or "maintenance windows" from time to time to perform such activities and no reduction of payments will be made in the case of such temporary interruption of Application or "maintenance windows" previously posted.

In the event of a temporary interruption in the Application that is outside of such "maintenance windows" and is caused by a failure in Bizware's software or servers or network connections, Bizware shall issue to you credits, to be used against future service fees, in an amount equal to the pro rata portion of any fees that may have been paid by you for the portion of the Application not furnished to you as a result of such interruption in Application, provided, however, that in no event shall Bizware be liable for interruption or delays in transmission or errors or defects in transmission or failure to transmit caused by causes beyond its control, including without limitation acts of God or failure of any Internet backbone or Internet service provider.

12. Liability

IN NO EVENT WILL BIZWARE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE ITEM) EVEN IF BIZWARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOU AGREE THAT THE LIABILITY OF BIZWARE ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT OR OTHERWISE) IN ANY WAY CONNECTED WITH THE APPLICATION WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE APPLICATION.

Bizware shall not be liable for any loss resulting from a cause over which Bizware does not have any direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes or labor disputes. Bizware is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Application. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity

You agree to defend, indemnify and hold Bizware harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys' fees) arising from your violation of local, state or federal laws or regulations, or any third party's rights, including but not limited to infringement of any copyright, violation of proprietary right and invasion of any privacy rights. This obligation will survive the termination of your use of the Application.

14. eCommerce

Several Applications contain an eCommerce feature allowing you to take credit card and electronic check payments over the internet. Those features provide you with reports that show the ecommerce transactions from initiation through the secure gateway of a third party, all the way to the deposit items in the recipient bank account. You are responsible to use those reports, the ones we provide and the ones provided by third parties, to monitor and verify that all transactions conclude properly from initiation to the intended bank account. You are the only one with access to all the relevant reports, and must maintain the integrity of your ecommerce transactions. In the event you discover an irregularity, you agree to notify us immediately. In no event will Bizware be liable for damages exceeding the amount of fees paid to Bizware.

15. Discontinuation of Service

You may at your sole discretion terminate your use of the Application and your obligation to pay for it upon 30 days' prior notice. You agree that, upon 30 days' prior notice, Bizware may, in its sole discretion, terminate your user name(s), password(s), account(s) (or any part thereof) or use of the Application, for any reason, including without limitation for lack of use or if Bizware believes that you have violated or acted inconsistently with the letter or spirit or the TCU. Bizware may also, upon 30 days' prior notice, in its sole discretion and at any time, discontinue providing the Application, or any part thereof.

In the event that your use of your Application with Bizware is terminated, Bizware will send a copy of your data to you electronically as an export from the Application's database in an XML format. Further, you agree that Bizware shall not be liable to you or any third party for any termination of your access to the Application; provided, however, that if the termination is unrelated to your acts or omissions, Bizware will refund to you an amount equal to the pro rata portion of any fee that may have been paid by you for the portion of the Application not furnished to you as of the date of such termination.

16. External Links

The Application may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Bizware has no control over such sites and resources, you acknowledge and agree that Bizware is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Bizware shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

17. Modifications and Notices

The TCU may be modified by Bizware upon notice to you. If Bizware sends you notice, via email, posting on the Application or otherwise, of a modification, you confirm your acceptance of the modification by not closing and/or by continuing to use the Application.

18. Miscellaneous Provisions

The TCU constitutes the entire agreement between you and Bizware and govern your use of the Application, superceding any prior agreements, verbal or written, between you and Bizware with respect to the subject matter contained in the TCU. The TCU may only be modified or amended as set forth above in Section 15 or otherwise in a writing signed by Bizware and you.

The TCU and the relationship between you and Bizware shall be governed by the laws of the United States, State of California, County of Orange without regard to its conflict of law provisions. You and Bizware agree to submit to the personal and exclusive jurisdiction of the nearest court of jurisdiction to San Clemente, County of Orange, California.

The failure of Bizware to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TCU shall remain in full force and effect.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Application or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The Section titles in the TCU are for convenience only and have no legal or contractual effect.

No person or entity that is not a party to this TCU shall derive any rights whatsoever hereunder as a third party beneficiary.


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Copyright © 2002-2008 Bizware Online Applications, Inc. All rights reserved.
Webteam™ is a trademark of Bizware Online Applications, Inc.
 

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