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| Version 1.00 |
| 1.0 ACCEPTANCE OF TERMS |
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| Bizingo provides its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time. Bizingo will make every effort to communicate the changes to you in advance of their effective date.
In addition, when using particular Bizingo owned or operated services, you and Bizingo shall be subject to any posted guidelines or rules applicable
to such services which may be posted and communicated from time to time. |
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| 2.0 DESCRIPTION OF SERVICE |
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| Bizingo provides a service to people who have a desire to start an Internet business and also provides a means for consumers
to purchase products. This service includes two components: the first being the merchant’s ability to create and manage their own web site on
Bizingo and consumers who may purchase products from these merchants on the Bizingo web site. You understand and agree that the Service is provided
"AS-IS" and that Bizingo assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or
personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet
service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. |
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| 3.0 MERCHANT FEES |
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3.1 Monthly hosting fee |
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The hosting fee charges cover the cost of hosting your online store and products on our secure,
reliable servers and conducting business on Bizingo’s infrastructure.
The hosting fee is $49.99 / month unless a special promotion is in effect. |
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3.2 Transaction fee |
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Transaction fees are applied to each product sold through your online store and are assessed differently
depending on which Bizingo package you are signed up for. Transaction fees are imposed on the cost of the product(s) sold and
are NOT imposed on state sales tax or shipping charges. These fees help support the cost of hosting your on-line store and products
on our secure, reliable servers and conducting business on Bizingo’s infrastructure. |
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3.3 One-time set-up fee |
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This fee covers the cost of setting up your website. The one time set up fee is $149.99 unless a special promotion is in effect. |
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3.4 User Fees |
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There are no fees charged to Bizingo users for the use of the Bizingo website. |
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| 4.0 REFUND POLICY |
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| 4.1 Monthly Fees |
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| You may terminate your affiliation with Bizingo at any time by calling Bizingo at (716) 359-8059. If you terminate your services, your use of the service will end
on the last day of the current month and you will not be refunded the remainder of the Monthly Hosting Fees that you have paid for such services. |
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| 4.2 Transaction Fees |
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| Transaction Fees will be refunded via a credit to your account on cancelled or changed orders. |
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| 4.3 Setup Fees |
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| Setup Fees are NOT refundable. |
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| 4.4 Thirty Day Money Back Guarantee |
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If within the first 30 days you are not totally satisfied we will refund the amount that you paid for the first 30 days of service. Transaction fees that you may have incurred for the sale of items are not refundable.
In order for you to receive your refund we require you to take the following steps:
1. Notify us via email or phone that you would like to cancel your account. The request must be made on or before midnight EST on the 30th day of service. If the request is not made as described above no refund will be given.
2. In your cancellation notification we require that you provide us with a reason for cancellation. We ask for this so that we can understand what we may be able to improve in the future. If you do not provide the reason for cancellation no refund will be given.
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| 5.0 BILLING |
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| 5.1 Merchants |
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Bizingo Merchants receive a statement of charges on the first of the month. The merchant's credit card will be charged
5 to 7 days after the statement is posted. Fees for purchases made on your site are automatically billed to your credit card on file.
If payment is denied we will make every attempt to contact you for payment and you will be subject to a $1.00 declined credit card fee. If we are not paid by the 20th of the month your Online Store
will be subject to deactivation until payment is resolved. If the payment issue is not resolved within 3 months of deactivation, your account
will be terminated and your electronic data will be removed from our servers.
Accounts not paid as described above, will be subject to a 1.5% monthly late fee.
This will be automatically added to the next monthly billing cycle. |
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| 5.2 Users |
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| Bizingo Users are responsible for any and all charges that they incur while shopping on Bizingo. |
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| 6.0 SHIPPING |
| Bizingo is not responsible for the shipping of products purchased on this website. Shipping is the responsibility of the
Bizingo Online Store owners. Please check each individual Bizingo Online Store owners separate policy in regard to shipping. |
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| 7.0 YOUR REGISTRATION OBLIGATIONS |
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| In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not
a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true,
accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or Bizingo has reasonable grounds to suspect that such information is untrue, inaccurate,
not current or incomplete, Bizingo has the right to suspend or terminate your account and refuse any and all current or future use of the Service
(or any portion thereof). If Bizingo decides to terminate your account we will make every effort to communicate the situation to you prior to
termination. |
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| 8.0 PRIVACY POLICY |
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This policy covers how Bizingo treats personal information that Bizingo collects and receives, including information related to your past
use of Bizingo services. Personal information is information about you that is personally identifiable like your name, address, email
address, or phone number, and that is not otherwise publicly available. This policy does not apply to the practices of companies that
Bizingo does not own or control or to people that Bizingo does not employ or manage. Bizingo collects personal information when you register
with Bizingo and when you use Bizingo services. When you register we ask for your personal information. Once you register with Bizingo and
sign in to our services, you are not anonymous to us. Bizingo automatically receives and records information on our server logs from your
browser, including your IP address, Bizingo shopping cart cookie information, and the page you request. Bizingo does not rent, sell, or
share personal information about you with other people or companies except to provide products or services you've requested, when we have
your permission or under the following circumstances:
- We respond to subpoenas, court orders, or legal process, or to establish or exercise our legal rights or defend against legal claims;
- We believe it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Bizingo's terms of use, or as otherwise required by law.
- We transfer information about you if Bizingo is acquired by or merged with another company. In this event, Bizingo will notify you before information about you is transferred and becomes subject to a different privacy policy.
Bizingo may update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Bizingo account or by placing a prominent notice on our site.
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| 9.0 MEMBER ACCOUNT, PASSWORD AND SECURITY |
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| You will have a password and an account upon completing the Service's registration process. You are responsible for
maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify Bizingo of any unauthorized use of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. |
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| 10.0 MEMBER CONDUCT |
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| You understand that
all information, data, text, software, music, sound, photographs, graphics,
video, messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from
which such Content originated. This means that you, and not Bizingo, are
entirely responsible for all Content that you upload, post, email, transmit or
otherwise make available via the Service. Bizingo does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service, you may
be exposed to Content that is offensive, indecent or objectionable. Under no
circumstances will Bizingo be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service. |
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- harm minors in any way;
- impersonate any person or entity, including,
but not limited to, a Bizingo official or falsely state or otherwise
misrepresent your affiliation with a person or entity;
- interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the Service;
- provide material support or resources (or to
conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant to section
219 of the Immigration and Nationality Act;
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| You acknowledge
that Bizingo may or may not pre-screen Content, but that Bizingo
shall have the right (but not the obligation)
in their sole discretion to pre-screen, refuse, or move any Content that is
available via the Service. Without limiting the foregoing, Bizingo and its
designees shall have the right to remove any Content that violates the TOS or
is otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Bizingo or
submitted to Bizingo, including without limitation information in Bizingo
Message Boards, and in all other parts of the Service. |
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| You acknowledge,
consent and agree that Bizingo may access, preserve, and disclose your account
information and Content 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 the TOS; (c) respond to claims that any
Content violates the rights of third-parties; (d) respond to your requests for
customer service; or (e) protect the rights, property, or personal safety of
Bizingo, its users and the public. |
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| You understand that
the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or devices. |
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| You understand that
the Service and software embodied within the Service may include security
components that permit digital materials to be protected, and use of these
materials is subject to usage rules set by Bizingo and/or content providers who
provide content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of the
materials provided on the Service, in whole or in part, is strictly prohibited. |
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| 11.0 INDEMNITY |
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You agree to indemnify and hold Bizingo and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees,
harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit,
post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or
your violation of any rights of another. Disclaimer of warranties limitation of liability you expressly understand and agree that Bizingo shall
not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages
for loss of profits, goodwill, use, data or other intangible losses (even if Bizingo has been advised of the possibility of such damages),
resulting from: (i) The use or the inability to use the service; (ii) The cost of procurement of substitute goods and services resulting from
any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of any third party on the service; or
(v) Any other matter relating to the service. |
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| 12.0 NO RESALE OF SERVICE |
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You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service
(including your Bizingo user I.D.), use of the Service, or access to the Service.
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| 13.0 MODIFICATIONS TO SERVICE |
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| Bizingo reserves
the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without
notice. You agree that Bizingo shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service. |
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| 14.0 TERMINATION |
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14.1 Termination by Bizingo |
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You agree that
Bizingo may, under certain circumstances and without prior notice,
immediately terminate your Bizingo account and access to the Service. Cause for
such termination shall include, but not be limited to, (a) breaches or
violations of the TOS or other incorporated agreements or guidelines, (b)
requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, and (f) extended periods of inactivity. Termination of your
Bizingo account includes (a) removal of access to all offerings within the
Service, (b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof), and (c)
barring further use of the Service. Further, you agree that all terminations
for cause shall be made in Bizingo's sole discretion and that Bizingo shall not
be liable to you or any third-party for any termination of your account, or
access to the Service. |
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14.2 Termination by Merchant |
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If you choose to terminate your Bizingo merchant account you may do so by calling Bizingo at
(716) 359-8059. Refer to 4.0 Refund Policy for more information. |
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| 15.0 LINKS |
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Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because Bizingo has no control over such sites and
resources, you acknowledge and agree that Bizingo 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 Bizingo 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. |
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| 16.0 DISCLAIMER OF WARRANTIES |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIZINGO 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.
- BIZINGO MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZINGO OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
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| 17.0 NOTICES |
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| Bizingo may provide you with notices, including those regarding changes to the TOS, by either email, regular mail,
or postings on the Bizingo website. |
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| 18.0 TRADEMARK INFORMATION |
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| The term Bizingo, Bizingo logo, trademarks and service marks and other Bizingo logos and product and service names are
trademarks of Bizingo LLC. |
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| 19.0 NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT |
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| Bizingo respects
the intellectual property of others, and we ask our users to do the same.
Bizingo may, in appropriate circumstances and at its discretion, disable and/or
terminate the accounts of users who may be repeat infringers. If you believe
that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide Bizingo's Copyright Agent the following information: |
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- an electronic or physical signature of the
person authorized to act on behalf of the owner of the copyright or other
intellectual property interest;
- a description of the copyrighted work or other
intellectual property that you claim has been infringed;
- a description of where the material that you
claim is infringing is located on the site;
- your address, telephone number, and email
address;
- a statement by you that you have a good faith
belief that the disputed use is not authorized by the copyright owner, its
agent, or the law;
- a statement by you, made under penalty of
perjury, that the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or authorized to act
on the copyright or intellectual property owner's behalf.
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| 20.0 PROHIBITED AND RESTRICTED ITEMS |
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- Firearms or regulated weapons that require
licensed dealers to complete transactions
- Items that require age verification to purchase
unless the seller is able to verify the buyer's age before the item is
sold and shipped
- Illegal drugs or pharmaceutical drugs that are
subject to regulation
- Government property
- Jointly owned property being sold without
permission of all parties involved
- Stolen or illegally obtained items
- Ads for pornography of any kind or services or
businesses related to pornography are prohibited and will be removed
immediately.
- Any item that is illegal to
sell, possess or manufacture according to United States of America law
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| 21.0 LIMITATION OF LIABILITY |
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YOU EXPRESSLY UNDERSTAND AND AGREE THAT BIZINGO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE,
DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BIZINGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SERVICE;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS,
DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
- ANY OTHER MATTER RELATING TO THE SERVICE.
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