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Terms and Conditions

Last Modified October 17th, 2024  

INTRODUCTION

These terms and conditions between you and bizi, LLC, a New Jersey limited liability company, govern your use of bizianalytics.com and nrdlplus.com, including the NRDL+ newsletter and its premier online services (“Websites”). by using the Websites, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use the Websites. Failure to comply may result in terminating your access to the Websites.

ELIGIBILITY

To use the Service, you must be able to form a binding contract with bizi, LLC, and comply with this Agreement and all applicable laws. The Service is unavailable to anyone under 13 or any Users previously removed from the Service by bizi, LLC.

LICENSE TO USE WEBSITES

The Websites, along with their entire contents, features, and functionality, are the property of bizi, LLC, its licensors, or other providers of such material. They are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

All intellectual property rights are reserved, subject to the license below. You may view and download certain material provided via the Websites for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • Sell, rent or sub-license material from the Websites;
  • Reproduce, duplicate, copy, or otherwise exploit material from the Websites for a commercial purpose;
  • Republish material from the Websites (including republication on another website or app);
  • Edit or otherwise modify any material from the Websites; or redistribute material from the Websites without permission from bizi, LLC, except as provided in Permitted Use below;
  • Use a group inbox to subscribe to the NRDL+ newsletter.
  • Share paid-member-only content with individuals who do not hold a valid paid subscription to the Websites, even if they are within your organization.
  • Use any manual process to monitor or copy any of the material on the Websites or for any other unauthorized purpose without our prior written consent.
  • Use the Websites in any way that causes, or may cause, damage to the Websites or impairment of the availability or accessibility of the Websites; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
  • Conduct any systematic or automated data collection activities (including, without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to the Websites.
  • Use the Websites for any purposes related to marketing without bizi, LLC’s express written consent.

PERMITTED USE

  1. You may share public content from the Websites for the purpose of sharing privately or on social media provided such publication includes attribution and link to Bizi, LLC.
  2. Your computer may temporarily store copies of content from the Websites in memory (i.e., RAM) incidental to your accessing and viewing those materials.
  3. You may store files from the Websites that are automatically cached by your Web browser for display enhancement purposes.
  4. You may print one copy of a reasonable number of pages of the Websites for your own personal, non-commercial use and not for further reproduction, publication or distribution.

Bizi, LLC reserves the right to terminate any or all of these exceptions at any time globally or on an individual user basis.

RESTRICTED ACCESS

Access to certain areas of the Websites is restricted. Bizi, LLC reserves the right to restrict access to other areas of the Websites, or indeed the entire Websites, at bizi, LLC’s discretion.

If bizi, LLC provides you with a user ID and password or a secure sign-in link to enable you to access the Websites or restricted areas of the Websites or other content or services, you must ensure that the user ID and password or a secure sign-in link are kept confidential.

If bizi, LLC provides you with an RSS feed that includes restricted content, you may not share that feed or use it in any application other than an RSS feed reader. Bizi, LLC may disable your RSS access at any time at its sole discretion without notice or explanation. Bizi, LLC may disable your user user account at bizi, LLC’s sole discretion without notice or explanation.

USER CONTENT

In these terms and conditions, “your user content” means any materials (including without limitation text, images, audio material, video material, and audio-visual material) you submit to the Websites for whatever purpose.

For user content you submit to the Websites, for whatever purpose, you expressly grant, and you represent and warrant that you have all rights necessary to grant bizi, LLC a perpetual, worldwide, irrevocable, royalty-free, transferable, non-exclusive license to use, distribute, reproduce, publish, reprint, modify, adapt, sublicense, syndicate, publicly display and make derivative works of such content and your name, voice, and/or likeness as contained in your user content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Websites and any other product now existing or later developed by bizi, LLC (and its successors’ and affiliates’) including without limitation for promoting and redistributing part or all of the Websites (and derivative works thereof) in any media formats and through any media channels, in all languages and forms, for any commercial or noncommercial purpose.  You also grant bizi, LLC the right to sub-license these rights and to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action, whether against you or bizi, LLC, or a third party (in each case under any applicable law).

You must not submit any user content to the Websites that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaints.

Bizi, LLC reserves the right to edit or remove any material submitted to the Websites, or stored on bizi, LLC’s servers, or hosted or published on the Websites.

Notwithstanding Bizi, LLC’s rights under these terms and conditions in relation to “user content”, Bizi, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, the Websites.

Publicity Release and Recordings

Portions of our services may be photographed, videotaped, or otherwise recorded. You grant us and our contractors and any person or entity acting on bizi’s behalf the right to record, film, photograph and capture your image, likeness, and voice (the “Recordings”) in any media during the Event. You grant to bizi and its employees, agents, representatives, licensees, successors, and assigns an irrevocable, nonexclusive, perpetual, worldwide, royalty-free right and license to use, reproduce, modify, distribute, and translate, and to sublicense to third parties, for any purpose, without compensation or credit to You, all or any part of the Recordings. We may edit the Recordings, use them alone or together with other information, and allow others to use and disseminate them. To the maximum extent permitted by law, you waive any rights you may have in the Recordings.

Content Release and Indemnification

You release bizi, LLC, and any and all persons acting under its permission or authority from any claim, liability, or action in law, including any claims for defamation, copyright infringement, or invasion of privacy arising in connection with your user content. Further, you agree to indemnify, defend, and hold harmless bizi, LLC and any and all persons acting under its permission or authority from and against any and all third-party claims arising from or relating to your user content, including that your user content or the use of your user content infringes upon any patent, trademark, copyright, trade secret, or other intellectual property rights.

COMPLIANCE WITH LAWS AND TRADE COMPLIANCE

You agree to comply with all federal, state, local, and foreign laws, rules, and regulations applicable to these terms and conditions or Your activities pursuant to these terms and conditions, including but not limited to laws that prohibit commercial bribery, money laundering, or anti-corruption, or economic sanctions laws. Further, You represent and warrant that you are not subject to sanctions or otherwise designated on any list of prohibited or restricted parties, or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the U.S. government (e.g., the U.S. Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the U.S. Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority.

NO WARRANTIES

NOTHING PROVIDED VIA THE WEBSITES CONTAINS, NOR IS IT FOR THE PURPOSE OF CONSTITUTING, AND CANNOT BE CONSTRUED AS, POLICY, INVESTMENT, LEGAL, TAX, ACCOUNTING, OR OTHER REGULATED ADVICE. STATEMENTS OF EXPECTATION, FORECASTS, AND PROJECTIONS RELATE TO FUTURE EVENTS AND ARE BASED ON ASSUMPTIONS THAT MAY NOT REMAIN VALID FOR THE WHOLE OF THE RELEVANT PERIOD. CONSEQUENTLY, THEY CANNOT BE RELIED UPON AND EXPRESS NO OPINION ON HOW CLOSELY THE ACTUAL RESULTS WILL CORRESPOND TO ANY SUCH STATEMENTS OF EXPECTATION, FORECASTS, OR PROJECTIONS. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

YOU ARE AWARE OF AND AGREE THAT BIZI, LLC AND ITS LICENSORS SHALL NOT BE RESPONSIBLE FOR ANY LOSS THAT YOU SUFFER AS A RESULT OF ANY FINANCIAL, LEGAL, OR REGULATORY TRANSACTION, REGARDLESS OF WHETHER OR NOT YOU ENTER SUCH TRANSACTION BASED IN ANY WAY UPON ANYTHING YOU LEARN FROM THE WEBSITES.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BIZI, LLC, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

BIZI, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE BIZI, LLC SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BIZI, LLC WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

LIMITATIONS OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIZI, LLC, ITS MANAGERS, MEMBERS, AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM INFORMATION CONTAINED IN THE WEBSITES, THE GOODS OR USE OF, OR INABILITY TO USE, THE WEBSITES. UNDER NO CIRCUMSTANCES WILL BIZI, LLC AND ITS LICENSORS BE RESPONSIBLE FOR ANY LEGAL, REGULATORY, INVESTMENT OR FINANCIAL-RELATED DECISIONS YOU MAKE AS A RESULT OF ANY INFORMATION IN THE WEBSITES. FURTHERMORE, UNDER NO CIRCUMSTANCES WILL BIZI, LLC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT, OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZI, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR ANY INFORMATION CONTAINED IN THE WEBSITES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; (VII) VIOLATION OF ANY PERSON OR ENTITIES INTELLECTUAL PROPERTY RIGHTS WITH RESPECT TO ANY CONTENT OR GOODS; AND/OR (VIII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL BIZI, LLC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO BIZI, LLC HEREUNDER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BIZI, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Websites are controlled and operated from its facilities in the United States. Bizi, LLC makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.

EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.

REASONABLENESS

By using the Websites, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use the Websites.

OTHER PARTIES

You accept that, as a limited liability entity, bizi, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against bizi, LLC’s members, managers, officers, or employees in respect of any losses you suffer in connection with the Websites.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect bizi, LLC’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as bizi, LLC.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

INDEMNITY

You hereby indemnify bizi, LLC and undertake to keep bizi, LLC indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by bizi, LLC to a third party in settlement of a claim or dispute on the advice of bizi, LLC’s legal advisers) incurred or suffered by bizi, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to bizi, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, bizi, LLC may take such action as bizi, LLC deems appropriate to deal with the breach, including suspending your access to the Websites, prohibiting you from accessing the Websites, blocking computers using your IP address from accessing the Websites, contacting your internet service provider to request that they block your access to the Websites and bringing court proceedings against you.

REMEDIES

The rights and remedies under these terms and conditions are cumulative and are in addition to and not in substitution for any other rights and remedies available at law or in equity or otherwise. You hereto acknowledge that a breach or threatened breach by you of certain of its obligations under these terms and conditions would give rise to irreparable harm to bizi, LLC for which monetary damages would not be an adequate remedy, and hereby agrees that in the event of a breach or a threatened breach by you of any such obligations, bizi, LLC hereto shall, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys’ fees in respect of such breach, be entitled to equitable relief, including a temporary restraining order, an injunction, specific performance, and any other relief that may be available from a court of competent jurisdiction (without any requirement to post bond).

ARBITRATION, GOVERNING LAW, AND VENUE

The validity, interpretation, performance, and enforcement of these Terms & Conditions shall be governed by the laws of the State of New Jersey without regard to the conflicts of laws and principles thereof. ANY DISPUTE, CONTROVERSY, OR CLAIM ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS SHALL BE FULLY AND EXCLUSIVELY FINALLY SETTLED BY AN ARBITRATION HELD IN NEW JERSEY UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN EFFECT FROM TIME TO TIME. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHTS YOU MAY HAVE TO A TRIAL BY JURY WITH RESPECT TO ANY SUCH DISPUTE, CONTROVERSY, OR CLAIM RELATING TO THIS AGREEMENT. The arbitrator may grant any remedy that he or she deems just and equitable within the scope of this arbitration agreement, except that he or she may not, under any circumstance, grant a remedy inconsistent with or in violation of the Limitation of Liability. The award of the arbitrator shall be final and binding, and judgment thereon may be entered in any court having jurisdiction. You hereby unconditionally and irrevocably submit to the jurisdiction of the federal and state courts of New Jersey.

PAYMENT INFORMATION; TAXES

All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Websites must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Websites at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions, or other monetary transaction interactions. There are no refunds.

VARIATION

Bizi, LLC may revise these terms and conditions from time to time. Revised terms and conditions will apply to the use of the Websites from the date of the publication of the revised terms and conditions on the Websites. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

Bizi, LLC may transfer, sub-contract, or otherwise deal with bizi, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these terms and conditions.

SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

The Websites may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by bizi, LLC. Bizi, LLC does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Websites, you do so at your own risk, and you understand that this Terms of Service and bizi, LLC’s Privacy Policy do not apply to your use of such sites. You expressly relieve bizi, LLC from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods and any other terms (such as warranties), are solely between you and such advertisers. You agree that bizi, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and bizi, LLC in relation to your use of the Websites and supersede all previous agreements in respect of your use of the Websites.

FORCE MAJEURE

Bizi, LLC shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Terms of Service, for any failure or delay in fulfilling or performing any term of this Terms of Service, when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Terms of Service; (f) action by any governmental authority;  and (g) national or regional emergency.

TRACKING DATA

The Websites use tracking tools and cookies. By using the Websites and agreeing to these terms and conditions, you consent to our bizi, LLC’s use of cookies in accordance with the terms of bizi, LLC’s privacy policy.

CALIFORNIA CONSUMER RIGHTS NOTICE

California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:

If you have a question or complaint about Bizi, LLC, our products, or our Site, please contact us.  You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.

CONTACT

Bizi, LLC’s address is 230 Kings Highway East, Suite 210, Haddonfield, NJ 08033.  You can also contact bizi, LLC via our web contact form.