Please review our Terms of Service carefully. By using our Services, you acknowledge all of the policies and procedures described in the foregoing documents. If you do not agree with or you are not comfortable with any aspect of our Terms of Service, you should immediately discontinue the use of our Services.
BizExcel.us, Weinberg Global, Inc., Tamar Weinberg LLC, and/or its affiliates (“BizExcel,” “Tamar Weinberg,” “we,” “us,” “our”) provide services to empower overseas businesses with access to the US market. BizExcel provides the Services subject to the following terms and conditions, which you agree to by accessing our services. Please read the below carefully.
- “BizExcel” means BizExcel.us, Weinberg Global, Inc., and Tamar Weinberg LLC and its constituents.
- “Services” or “Service” refers to BizExcel’s products, services, applications, and website applications (including, but not limited to, text, graphics, images, and other material and information) as accessed from time to time by the user, regardless if the use is in connection with an account or not.
- “Customers” or “Customer” refers to any customers of BizExcel who are inquiring about Services or have proceeded through the Onboarding process to complete their Application.
- “Personal Information” is information that can be used to identify Customers, either alone or in combination with other information. BizExcel collects and stores the following types of personal information:
- “Registration information” is the information you provide about yourself when registering for and/or purchasing our Services (including, but not limited to, name, email, address, business name, identification documents, call recordings, business licenses, and other information as requested for the purposes of opening any accounts on behalf of Customer).
- “Self-Reported” information is the information you provide to us, either through the Services or a third party, including, but not limited to, business description, website URLs and landing pages, marketing materials.
- “Web Behavior Information” is information on how you use the BizExcel website (e.g. browser type, domains, page views) collected through log files, cookies, and web beacon technology.
- Acceptance of Terms
Your use of the Services (excluding any services provided by BizExcel under a separate agreement) is subject to the terms of the legal agreement between you and BizExcel set forth in these Terms of Service ("TOS").
Except as specified herein, these TOS apply to any use of the Services, including, but not limited to, a) all information furnished as needed to complete business onboarding, b) any further information to be requested to open business accounts and payment processing accounts on behalf of Customer.
In order to use the Services, you must first agree to the TOS. You may not use the Services if you do not accept the TOS. You can accept the TOS by (1) clicking to accept or agree to the TOS, where this option is made available to you by BizExcel for any Service; or by (2) using any of our Services. In this case, you acknowledge and agree that BizExcel will treat your use of the Services as acceptance of the TOS from that point onwards. In addition, when using particular Services, you shall be subject to any guidelines or rules applicable to such Services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS. BizExcel also may offer other services from time to time that are governed by different terms of service.
If your use of the Services includes opening an account on BizExcel, you represent that you are at least eighteen (18) years of age and accept the TOS. Children under 18 years old are not permitted to use any services on this Site. If BizExcel becomes aware that it has unknowingly collected any personal data from children under 18 years old, it will take commercially reasonable efforts to delete such data from its system.
4. Description of the Services
- The Services include access to the BizExcel public website and Services, including client communications that will continue on Customer’s preferred platform (including, but not limited to, Skype, Facebook Messenger, WhatsApp, email, Telegram, and Signal). Unless explicitly stated otherwise, each new feature that augments or enhances the current Service shall be subject to the TOS. Customer acknowledges and agrees that the Services are provided "AS-IS" and are based on the representation provided to BizExcel, and Customer represents that all information is factually accurate. BizExcel is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which BizExcel provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that BizExcel may stop (permanently or temporarily) providing some Services (or any features within the Services) to you or to users generally at BizExcel's sole discretion, without prior notice to you. BizExcel assumes no responsibility for the use of Services outside the terms of this TOS or other applicable terms.
- In order to use the Services, you must obtain Internet access, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are solely responsible for paying such fees. In addition, you are solely responsible for providing all equipment necessary to make such Internet connection, including a computer and modem or other access device.
- BizExcel services overseas businesses by providing management and operational support to create a bridge between these entities and US customers. BizExcel builds its repertoire off of the information furnished to us via its Customers. BizExcel reserves the right in the future to add additional accountability metrics, onboarding due diligence steps, and other safeguards to ensure that it is working only with companies that are engaging in ethical business practices, and may terminate our engagement with a Customer at any time without relinquishing any additional funds in the event that there are any reasons to doubt the legitimacy of Customer’s business purposes.
5. User Representations
- By accessing BizExcel services, you agree to, acknowledge, and represent as follows:
- You understand that the BizExcel Services are intended for the purposes of opening an account in good standing on your behalf, and that the information you provide is accurate and valid.
- You represent that you are eighteen (18) years of age or older if you are opening an account.
- You are guaranteeing that any Business Information you provide is your business information to provide. If you are agreeing to these TOS on behalf of another person, you are confirming that the Business Information data provided will be the Business Information data of that person and that they have given you legal authorization to submit their data on their behalf.
- If you are a customer outside the U.S. providing Business Information data, you confirm that this act is not subject to any restriction in the country in which you reside.
- You agree that any business data you provide and all resulting data may be transferred and/or processed outside the country in which you reside.
- You take responsibility for all possible consequences resulting from your sharing with others access to your Business Information and/or your Self-Reported Information.
- You understand that all your Personal Information will be stored in BizExcel databases and will be processed in accordance with the BizExcel Privacy Statement.
- Waiver of Property Rights: You understand that by providing any data to BizExcel during the onboarding process or during the Customer engagement with BizExcel, you acquire no rights in any research or commercial products that may be developed by BizExcel and its collaborators. You specifically understand that you will not receive any compensation for any research or commercial products that include or result from your Business Information or Self-Reported Information.
- You agree that your submission of the Onboarding application constitutes your acceptance of BizExcel’s Terms and Conditions and that of related services.
- You agree that you have the authority, under the laws of the country or jurisdiction in which you reside, to provide these representations. In case of breach of any one of these representations, BizExcel has the right to suspend or terminate your engagement and refuse any and all current or future use of the Services (or any portion thereof) and you will defend and indemnify BizExcel and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
6. Account Creation, Customer Account, Password, and Security Obligations
- In consideration of your use of the Services, you agree to: (a) provide true, accurate, current, and complete Registration Information as prompted by the Service; and (b) maintain and promptly update the Registration Information to keep it true, accurate, current, and complete. If you provide any Registration Information that is untrue, inaccurate, not current, or incomplete, or if BizExcel has a reasonable ground to suspect that such information is untrue, inaccurate, not current, or incomplete, BizExcel 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).
- After you are successfully onboarded, you will receive sensitive account information, including, but not limited to: usernames, passwords, account numbers, and data access files. You are responsible for maintaining the confidentiality of all information, and are fully responsible for all activities that occur under your BizExcel account. If you allow third parties to access BizExcel's website through your username and password, you will defend and indemnify BizExcel and its affiliates against any liability, costs, or damages, including attorney fees, arising out of claims or suits by such third parties based upon or relating to such access and use. You agree to (a) immediately notify BizExcel of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you sign out from your account at the end of each session. BizExcel cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
7. Use of Software.
BizExcel may make certain software available to you from the Site. If you use and/or download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”), are deemed to be licensed to you by BizExcel, for relevant business use only. BizExcel does not transfer either the title or the intellectual property rights to the Software, and BizExcel retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by BizExcel or its licensors, and you may not copy or use them in any manner.
8. BizExcel Privacy Statement and Disclosure of Information
- In order to use the Services, you must first acknowledge and agree to the Privacy Statement. You may not use the Services if you do not accept the Privacy Statement. You can acknowledge and agree to the Privacy Statement by actually using the Services.
- You acknowledge and agree that BizExcel has the right to monitor any use of its systems by its personnel at any time and maintain copies documenting such monitoring. Our Privacy Statement sets forth the only expectations of privacy any individual should have in terms of usage of the BizExcel Services, website, or other systems. In order to proceed with the services provided by BizExcel, we may need to disclose your Business- or Self-Reported information to third parties as required for delivery of all services.
- Further, you acknowledge and agree that BizExcel is free to preserve and disclose any and all Personal Information to law enforcement agencies or others if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process (such as a judicial proceeding, court order, or government inquiry) or obligations that BizExcel may owe pursuant to ethical and other professional rules, laws, and regulations; (b) enforce the BizExcel TOS; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BizExcel, its employees, its users, its clients, and the public. In such an event, we will notify you through the contact information you have provided to us in advance, unless doing so would violate the law or a court order. You understand that the technical processing and transmission of the Services, including your Personal Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Finally, BizExcel may, in its sole discretion, restrict access to the website for any reason.
9. Limited License
- You acknowledge that all Business or Self-Reported Information, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Business or Self-Reported Information originated. This means that you, and not BizExcel, are entirely responsible for all Business or Self-Reported Information that you upload, post, email, or otherwise transmit via the Service.
- You acknowledge that the Services content presented to you as part of the Services, whether original BizExcel Services content or sponsored content within the Services, is protected by copyright and/or other intellectual property rights that are owned by BizExcel and/or the sponsors who provide that content to BizExcel (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute, or create derivative works based on this Services content (either in whole or in part) unless you have been specifically told that you may do so by BizExcel or by the owners of that content, in a separate agreement.
10. Customer Conduct - Unlawful and Prohibited Use
- As a condition of your use of the Services, you warrant to BizExcel that you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services. You may not use the Services outside of the country to which your Business Information data was submitted unless permissible by law. Furthermore, you agree not to use the Services to: (1) upload, post, email, or otherwise transmit any material that is derogatory, defamatory, obscene, or offensive, such as slurs, epithets, or anything that might reasonably be construed as harassment or disparagement based on race, color, national origin, sex, sexual orientation, age, disability, religious or political beliefs, or other statutorily protected status; (2) impersonate any person or entity, including, but not limited to, anyone affiliated with BizExcel, or falsely state or otherwise misrepresent your affiliation with a person or entity; (3) add your own headers, forge headers, or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (4) "stalk" or otherwise harass another; (5) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (6) use any information received through the Services to attempt to identify other customers, to contact other customers; (7) download any file posted by another user of the Service that you know, or reasonably should know, cannot legally be distributed in such manner; (8) upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of BizExcel or any other party; (9) harm minors in any way; (10) advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages; (11) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose and only to the extent such content is authorized by law; (12) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (13) use manual or automated software, devices, scripts, robots, or other means or processes to access, "scrape," "crawl," or "spider" any web pages or other services contained in the site, unless explicitly permitted by BizExcel; (14) engage in "framing," "mirroring," or otherwise simulating the appearance or function of BizExcel's website; (15) attempt to or actually override any security component of BizExcel web services; (16) 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; (17) violate these Terms of Service, any code of conduct or other guidelines which may be applicable for any particular area of the Service or have been communicated to you by anyone affiliated with BizExcel; or (18) intentionally or unintentionally violate any applicable local, state, national, or international law, or any regulations having the force of law.
- You acknowledge and agree that you are solely responsible for (and that BizExcel has no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which BizExcel may suffer) of any such breach. In case of breach of any one of these agreements, BizExcel has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) without any pending owed compensation and you will defend and indemnify BizExcel and its affiliates against any liability, costs, or damages arising out of the breach of the representation.
- If you violate the terms of this Section and/or BizExcel has a reasonable ground to suspect that you have violated the terms of this Section, BizExcel 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).
12. Export Control and Applicable Laws and Regulations
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree 1) that providing your information is not subject to any restriction in the country in which you reside, 2) that your information may be transferred and/or processed outside the country in which you reside, and 3) that you will comply with all applicable laws regarding the transmission of technical data exported from the United States or the country from which you access any Service online.
13. Material Posted Through The Service
- User Content. BizExcel does not claim ownership of the User Content you provide to BizExcel (including feedback and suggestions) or post, upload, input, or submit to the Service. Unless otherwise specified, you retain copyright and any other rights you already hold over User Content that you create and submit, post, or display on or through the Services. However, by submitting, posting, or displaying User Content, you give BizExcel, its affiliated companies, sublicensees (including, but not limited to, sublicensees who avail themselves of the Limited License granted in Section 13 above) and successors and assigns a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, distribute, reproduce, edit, reformat, and create derivative works from any User Content that you submit, post, or display on or through the Services. You acknowledge and agree that this license includes a right for BizExcel to make such User Content available to other companies, organizations, or individuals with whom BizExcel has relationships, and to use such User Content and Business and Self-Reported Information in connection with the provision of those services.
- You understand that BizExcel, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your User Content over various public networks and in various media; and (b) make such changes to your content as are necessary to conform and adapt that content to the technical requirements of connecting it to networks, devices, services, or media. You acknowledge and agree that this license shall permit BizExcel to take these actions. You represent and warrant to BizExcel that you have all the rights, power, and authority necessary to grant the above license.
- Business and/or Self-Reported Information. Disclosure of individual-level Business Information and/or Self-Reported Information to third parties for Research purposes will not occur without explicit consent. Note that BizExcel cannot control any further distribution of Business and/or Self-Reported Information that you share publicly on the BizExcel website. You acknowledge and agree that you are responsible for protecting and enforcing your rights and that BizExcel has no obligation to do so on your behalf. You understand that you should not expect any financial benefit from BizExcel as a result of having your Business Information processed; made available to you; or, as provided in our Privacy Statement and these TOS, shared with or included in Aggregated Business and Self-Reported Information shared with any vendor providing Services utilized by BizExcel.
- Waiver of Property Rights. As stated above, you understand that by providing any sample, having your Business Information processed, accessing your Business Information, or providing Self-Reported Information, you acquire no rights in any commercial products that may be developed by BizExcel or its collaborating partners. You specifically understand that you will not receive compensation for any commercial products that include or result from your Business Information or Self-Reported Information.
- BizExcel will not, at all times, control any of the User Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such non-BizExcel content. You understand that by using the Services, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will BizExcel be liable in any way for any non-BizExcel content, including, but not limited to, any errors or omissions in any such content, or for any loss or damage of any kind incurred as a result of the use of any such content posted, emailed, or otherwise transmitted via the Services.
- You acknowledge that BizExcel and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, review, filter, modify, refuse, or move any content that is available via the Services. Without limiting the foregoing, BizExcel and its designees shall have the right to remove any content that violates the TOS or is deemed by BizExcel, in its sole discretion, to be otherwise objectionable. You acknowledge and 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.
- You agree to defend and hold BizExcel, and its subsidiaries, affiliates, officers, agents, contractors, partners, employees, successors, and assigns harmless from any claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User Content you submit, post to, or transmit 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.
16. No Resale of Service
Other than pursuant to the terms of the Limited License in Section 13 of this TOS or unless otherwise agreed in a separate agreement between you and BizExcel, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or transmit for any commercial purposes, all or any portion of the Service, use of the Service, or access to the Service.
17. General Practices Regarding Use
You acknowledge that BizExcel may establish general practices and limits concerning use of the Services, including, without limitation, the maximum number of days that Personal Information and Services content will be retained by the Service, the maximum number of vendors that we will engage with on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You acknowledge and agree that BizExcel has no responsibility or liability for the deletion of or failure to store any messages, other communications, or other content maintained or transmitted by the Services; or for the loss of Business Information due to malfunction or destruction of data servers or other catastrophic events. You further acknowledge that BizExcel reserves the right to change these general practices and limits at its sole discretion.
18. Use of BizExcel-Provided Services
You agree that BizExcel will represent you on behalf of any business operations to be provided to customers in the United States, and agree to the following terms and conditions necessary for the fulfillment of all services.
- BizExcel will set up a business on Customer’s behalf that is 100% owned by BizExcel. Customer is not entitled to ownership of the US entity and should prepare to set up their own business structure in their own home country.
- Customer representative agrees to fill out a W8-BEN document reliably to represent their overseas status.
- Customer should consent to an underwriting review process to ensure that the business is complying with all laws of their home country and the United States.
- BizExcel will set up necessary accounts with service providers, such as Amazon Seller Central, Shopify Business, SeamlessChex, Authorize.net, and the necessary creation of bank accounts and accounts with partner merchant providers and banks, such as Mercury, Relay, and JP Morgan Chase. BizExcel will hold Customer responsible for any fees that are incurred with any setup, such as sales tax certificate filings and regular tax filings, as well as ongoing fees/subscription costs.
- Customer will be required to give a full description of services and vendor relationships to BizExcel so that BizExcel can accurately and reliably represent Customer.
- Customer should expect to wait up to 30 business days for the creation of any businesses and bank accounts, contingent upon the Department of State, IRS, and bank structure processes.
- BizExcel will engage services of an accounting firm to manage cash flow and give full visibility of finances to Customer. This will incur a nominal monthly fee (currently $50 per client).
- BizExcel will engage the services of a legal firm to manage overseas compliance and due diligence, and reserves the right to pass on expenses to Customer.
- BizExcel may opt to provide Customer VPN access with a guaranteed 99% uptime. Usage of the VPN must be for work-related purposes only, or BizExcel reserves the right to terminate the entirety of the business engagement with Customer.
- BizExcel will charge Customer a management fee (profit sharing percentage) to handle all matters agreed upon, including but not limited to, vendor relations, bank relations, and other operational expenses.
- BizExcel agrees to pay Customer at least once per week of received fees. Deductions from the bank account will be incurred due to chargebacks, subscription services, taxation, registered agent services, and ongoing fees. BizExcel reserves the right to withhold payments in the event of abnormal account activity, such as frequent chargebacks.
- BizExcel will engage a chargeback monitoring service to protect buyers from services offered by Customer. The cost of chargeback monitoring management will be the responsibility of Customer.
- Customer will be required to address all chargeback related matters, including but not limited to, paperwork, recordings, and invoices, within 48 hours. Customer will work directly with BizExcel through a direct communication line (such as WhatsApp, Skype, or Slack) to ensure that there is smooth ongoing communications and all questions are addressed to both entities' satisfaction on a regular basis.
- BizExcel and Customer agree to be available to each other on a daily basis.
- BizExcel reserves the right to refuse to engage in a new relationship with Customer if there is an existing conflict of interest with another current client, or may simply refuse to work with any conflicts of interest but still engage with Customer for other non-conflicting business structures.
- BizExcel reserves the right to terminate the agreement with Customer for any violations of any contractual agreements as specified anywhere in this policy.
19. Modifications to Service
- BizExcel reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You acknowledge and agree that (i) modifications may result in a delay in computations for some of the BizExcel features or Services, and (ii) BizExcel shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services. The Software that you use may from time to time may automatically download and install updates from BizExcel, or we may request that we move to a different platform for communications or pursuant to engaging in vendor relationships. These updates are designed to improve, enhance, and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules, and completely new versions. You agree to accept such updates (and permit BizExcel to deliver these to you) as part of your use of the Services.
- You acknowledge that BizExcel may offer different or additional technologies or features to collect and/or interpret Business Information in the future, and that your initial purchase of the Service does not entitle you to any different or additional technologies or features for collection or interpretation of your Business Information without fee, and that you will have to pay additional fees in order to have your Business Information collected, processed, and/or interpreted using any future or additional technologies or features.
- The TOS will continue to apply until terminated by either you or BizExcel as set out in this Section.
- If you want to terminate your legal agreement with BizExcel, you may do so by contacting our team at privacyinquiries[at]bizexcel[dot]us. Once you submit your request, we will send an email to the email address linked to your BizExcel account asking you to confirm your request. Upon receiving your confirmation we will process your request to delete your data as required by applicable laws, and you will no longer be able to benefit from any of our BizExcel services.
- BizExcel may at any time, terminate its legal agreement with you (and in conjunction therewith, your account(s)) if: (1) you have breached any provision of the TOS (or have acted in manner which shows that you do not intend to, or are unable to comply with, the provisions of the TOS); (2) BizExcel is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (3) the partner with whom BizExcel offered the Services to you has terminated its relationship with BizExcel or ceased to offer the Services to you; (4) BizExcel is transitioning to no longer providing the Services to users in the country or state in which you reside or from which you use the Services; or (5) the provision of the Services to you by BizExcel is, in BizExcel's opinion, no longer commercially viable.
- Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Services may be referred to appropriate law enforcement authorities. You acknowledge and agree that BizExcel shall not be liable to you or any third party for any termination of your access to the Services.
21. Survival of Terms
When the TOS come to an end, all of the legal rights, obligations, and liabilities that you and BizExcel have benefited from, been subject to (or which have accrued over time while the TOS have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of Sections 1.(Definitions); 2.(Acceptance of Terms); 3.(Prerequisites); 4.(Description of the Services); 5.(User Representations); 6.(Account Creation, Customer Account, Password and Security Obligations); 7.(Use of Software); 8. (BizExcel Privacy Statement and Disclosure of Information); 9.(Limited License); 10.(Customer Conduct - Unlawful and Prohibited Use); 12.(Export Control and Applicable Laws and Regulations); 13.(Material Posted through the Service); 14.(Material Provided to BizExcel - Your Proprietary Rights); 15.(Indemnity); 16.(No Resale of Services); 17.(General Practices Regarding Use); 18.(Use of BizExcel-Provided Services); 19.(Modifications to Service); 20. (Termination); 21.(Survival of Terms); 22.(Dealings with Information Providers and Listed Resources); 23.(Hyperlinks and BizExcel Website); 24.(BizExcel Proprietary Rights); 25.(DISCLAIMER OF WARRANTIES); 26.(LIMITATION OF LIABILITY); 27.(Notice); 28.(Changes to the Terms of Service); 29.(Violation or Suspected Violation of Terms of Service); 30. (Dispute Resolution); and 31.(Miscellaneous) shall continue to apply to such rights, obligations, and liabilities indefinitely.
22. Dealings with Information Providers and Listed Resources
Your correspondence or business dealings with—or participation in promotions of—information providers, vendors, and/or resources found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such information provider, vendor, or resource. You acknowledge and agree that BizExcel shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such information provider or resources on the Service.
23. Hyperlinks and the BizExcel Website
The Service provides, and third parties may provide, links to other sites and resources on the Internet. Because BizExcel has no control over such sites and resources, you acknowledge and agree that BizExcel 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 BizExcel 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 hyperlinked site or resource.
24. BizExcel's Proprietary Rights
- You acknowledge and agree that BizExcel (or BizExcel's licensors, as applicable) own all legal rights, titles, and interests in and to the Services, including any intellectual property rights (including, but not limited to, patents) which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by BizExcel and that you shall not disclose such information without BizExcel's prior written consent.
- You further acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree that information presented to you through the Services or sponsors is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by BizExcel, you agree not to—and not to permit anyone else to—modify, rent, lease, loan, sell, distribute, or create derivative works of, reverse engineer, decompile, or otherwise attempt to extract the source code of the Services or Software or any part thereof, in whole or in part. Software, if any, that is made available to download from the Services, excluding software that may be made available by end-users through the Services, is the copyrighted work of BizExcel and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. BizExcel, Weinberg Global, Tamar Weinberg LLC, and other BizExcel logos and product and service names are trademarks of BizExcel and these marks together with any other BizExcel trade names, service marks, logos, domain names, and other distinctive brand features are the "BizExcel Marks." Unless you have agreed otherwise in writing with BizExcel, other than through the Limited License in Section 13, nothing in the TOS gives you a right to use any BizExcel Marks and you agree not to display, or use in any manner, BizExcel Marks. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) that may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by BizExcel, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names, or logos.
- For any Software not accompanied by a License Agreement, BizExcel grants you a commercial, non-transferable, and non-exclusive right and license to use the object code of its Software on whatever computer or mobile devices needed to complete any related work. You may not (and may not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by BizExcel, in writing. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BizExcel, in the manner permitted by the TOS. Unless BizExcel has given you specific written permission to do so, you may not assign (or grant a sublicense of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including, without limitation, for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by BizExcel for use in accessing the Service. Any rights not expressly granted herein are reserved.
25. Disclaimer of Warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT: (1) YOUR USE OF THE SERVICES ARE AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BIZEXCEL 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. (2) BIZEXCEL MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS; (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, UNFAILINGLY SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND (e) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (3) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES 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. (4) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BIZEXCEL OR THROUGH OR FROM THE SERVICES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. (5) YOU SHOULD ALWAYS USE CAUTION WHEN GIVING OUT ANY PERSONALLY IDENTIFYING INFORMATION ABOUT YOURSELF OR THOSE FOR WHOM YOU HAVE LEGAL AUTHORITY. BIZEXCEL DOES NOT CONTROL OR ENDORSE ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES AND, THEREFORE, BIZEXCEL SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ACTIONS RESULTING FROM YOUR PARTICIPATION IN THE SERVICES.
26. Limitation of Liability
WITHIN THE LIMITS ALLOWED BY APPLICABLE LAWS, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT BIZEXCEL SHALL NOT BE LIABLE 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 BIZEXCEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES; (b) ANY ACTION YOU TAKE BASED ON THE INFORMATION YOU RECEIVE IN, THROUGH OR FROM THE SERVICES, (c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, (d) 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 SERVICES; (e) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (f) THE IMPROPER AUTHORIZATION FOR THE SERVICES BY SOMEONE CLAIMING SUCH AUTHORITY; or (g) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES.
Notices to you may be made via either email or regular mail. BizExcel may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on or through the Services.
Official notices related to this TOS must be sent to us at:
Weinberg Global Inc.
Attn: BizExcel Legal
1603 Capitol Avenue
Suite 413A #2182
Cheyenne, Wyoming 82001
Additionally, BizExcel accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
28. Changes to the Terms of Service
BizExcel may make changes to the TOS from time to time. When these changes are made, BizExcel will make a new copy of the TOS available on its website and any new additional terms will be made available to you from within, or through, the affected Services.The revised TOS will be effective on or after the posted date. If we make a material change to the TOS, we will provide you with notice thirty (30) days prior to the effective date of the change by posting a notice on our website. Unless you notify us within thirty (30) days from the time you receive notice of the new terms that you do not agree to the terms, you will be deemed to have agreed to the new TOS. If any change to the TOS is unacceptable to you, you may stop using our Services and delete your account at any time. You acknowledge and agree that if you use the Services after the date on which the TOS have changed, BizExcel will treat your use as acceptance of the updated TOS.
29. Violation or Suspected Violation of Terms of Service
If you violate the terms of these TOS and/or BizExcel has a reasonable ground to suspect that you have violated the terms of these TOS, BizExcel has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
30. Dispute Resolution (including Arbitration, Class Action Waiver, and Time to Initiate Action)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution. We are available by email at policyinquiries[at]bizexcel[dot]us to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. You agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 30(a) above, then either you or we may initiate binding arbitration. Except for any disputes excluded below in Section 30(d), all claims arising out of or relating to these TOS (including their formation, performance, and breach), the parties’ relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these TOS, including, but not limited to, any claim that all or any part of these TOS is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties, and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these TOS shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed here. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($250) and the claim is found to be non-frivolous, we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel, and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
- You understand that, absent this mandatory provision, you would have the right to sue in court and have a jury trial. You further understand that the right to discovery may be more limited in arbitration than in court.
- Class Action and Class Arbitration Waiver. You and we each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action, and you and we each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 30(b) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exceptions. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief (i) in a small claims court for disputes or claims within the scope of that court’s jurisdiction, and (ii) in any disputes relating to intellectual property rights, obligations, or any infringement claims.
- 30 Day Right to Opt-Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in Sections 30(b) and 30(c) by sending written notice of your decision to opt-out by emailing us at policyinquiries[at]bizexcel[dot]us. The notice must be sent within thirty (30) days of your first use of the Service, or the effective date of the first set of TOS containing an Arbitration and Class Action and Class Arbitration Waiver section otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt out of these arbitration provisions, we also will not be bound by them.
- Term for Cause of Action. 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 Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 30(b) do not apply or if you have opted out of arbitration, you agree that any litigation shall be filed exclusively in state or federal courts located in Wyoming (except for small claims court actions which may be brought in the county where you reside). You and we expressly consent to exclusive jurisdiction in Wyoming for any litigation other than small claims court actions. In the event of litigation relating to these TOS or the Service, you agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
- Entire Agreement. The TOS constitute the entire agreement between you and BizExcel and govern your use of the Services, superseding any prior agreements between you and BizExcel on this subject. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software.
- Waiver. The failure of BizExcel to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
- Admissibility of printed version. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Section titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
- Severability Clause. If any portion of these TOS is found to be unenforceable, the remaining portion will remain in full force and effect.
- Assignment: You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, BizExcel, or any third party that assumes our rights and obligations under this Agreement.
Last Updated: August 8, 2022