Biz Bulwark

Terms of Service

Last modified 02/15/2018

1. User’s Acknowledgment and Acceptance of Terms

Biz Bulwark (“Us,” “We,” or “Biz Bulwark”) provides the www.bizbulwark.com website and related services (collectively, the “Platform”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or “Agreement”), as well as any other written agreement between us and you. In addition, when using particular services or materials on the Platform, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

You are permitted to use Biz Bulwark, only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of the Platform in any medium without Biz Bulwark’s prior written authorization except as permitted through Biz Bulwark’s functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using Biz Bulwark; (6) Don’t collect any personally identifiable information, including full names, physical addresses or e-mail addresses, for commercial purposes; and (7) Acknowledge your sole responsibility for your content submissions, including discussion posts, profile information and links, pictures, and other such content. Biz Bulwark is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, Biz Bulwark is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

YOUR USE OF THE PLATFORM CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE PLATFORM NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE PLATFORM, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE PLATFORM, IS TO STOP USING THE PLATFORM AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE PLATFORM.

These Terms of Service provide that all disputes between you and Biz Bulwark will be resolved by BINDING ARBITRATION. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under or relating to this contract, except for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and your claims cannot be brought as a class, collective, or representative action. Please review Section 10 (“Agreement to Arbitrate All Disputes and Legal Claims”) for the details regarding your agreement to arbitrate any disputes with Biz Bulwark.

As used in these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering the Platform and/or its services. Any reference to “Provider(s)” includes any user offering services through the Platform. Any reference to “Client(s)” includes any user who engages a Provider via the Platform. Any reference to “Service(s)” includes services delivered by the Provider to the Client in connection with the Platform.

2. Overview of our Services

Biz Bulwark offers for its customers a platform where businesses can offer their products and services to other businesses or procure service and products from other businesses for their needs.

To ensure the quality of the Biz Bulwark experience we have set up our Terms of Service for our mutual benefit. If you violate these rules it will mean you have broken the terms of service and this may result in a termination of your account.

BIZ BULWARK DOES NOT PERFORM ANY JOBS AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM THESE JOBS. BIZ BULWARK DOES NOT SUPERVISE, DIRECT, OR CONTROL A PROVIDER’S WORK IN ANY MANNER.

Biz Bulwark requests are non-transferable to other companies or individuals. All Biz Bulwark Services are governed by specific requests and terms as outlined in the Service upon listing.

Biz Bulwark does not have control over, nor is it responsible for, the performance of Clients or Providers (collectively, “Users”) including the quality, timing, legality, nature, and failure to provide any Services or payments. Moreover, Biz Bulwark does not have control over, nor is it responsible for, the conduct of its Users, including accuracy and reliability. Biz Bulwark is not responsible for interactions which occur between Users, whether in person, through the platform, offline, or online.

3. Vetting of Users

Biz Bulwark does not vet Users. As a result, Biz Bulwark cannot guarantee the accuracy or the identity of any User or anyone who uses the Platform. Accordingly, Biz Bulwark cannot and does not assume any responsibility or liability for improper vetting or failing to vet a User of the Platform, nor for the conduct of anyone who uses the Platform.

Users may be subject to a vetting process before using and while using the Platform, including, but not limited to, verifying their identification. Although Biz Bulwark may conduct background checks, it cannot guarantee their accuracy, or the identity of any User. Accordingly, Biz Bulwark cannot and does not assume any responsibility or liability for the accuracy of any background check or vetting of users, nor for the conduct of its Users.

Biz Bulwark recommends that all Users use common sense judgment and precautions when interacting with Users, just like you would in interaction with any other individual whom you don’t know. 

BIZ BULWARK, NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF BIZ BULWARK AND YOU HEREBY RELEASE BIZ BULWARK AND ITS AFFILIATES OR LICENSORS FROM ANY LIABILITY RELATED THERETO. BIZ BULWARK AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF BIZ BULWARK.

4. Payment

Client understands that use of the Platform may result in charges to you for the Services you receive from Provider. After you have received Services obtained through your use of the Platform, we will facilitate your payment of the applicable charges on behalf of a third party provider. Charges paid by you are final and non-refundable, unless otherwise determined by Biz Bulwark. Users of Biz Bulwark are responsible for paying all taxes required to be paid for the services (except for taxes on the Company’s income).

All charges are due immediately and payment will be facilitated by Biz Bulwark using the preferred payment method designated in your account (“Payment Method”).

Biz Bulwark will charge the Payment Method you specify at the time of signing up to a Subscription Plan using a third-party payment processor. Our third-party payment processor may have an independent terms of service and privacy policy which you will be subject to when making a payment using such third-party payment processor’s service, and we encourage you to review all such terms prior to making any payment. You authorize Biz Bulwark to charge all sums as described in these Terms, for the subscription you select, to that Payment Method.

Biz Bulwark may, at times, have certain promotions, including vouchers, which may be applied to your account and may be used to pay for Services from Provider(s), either in part or in full. Such promotions are subject to the specific terms outlined in said promotions.

For any questions regarding any charge, you may contact Biz Bulwark via email at support@bizbulwark.com

5. Cancellation

In order to cancel a membership, Users must notify Biz Bulwark via email at support@bizbulwark.com at least 72 hours before billing date. Billing date is the same date every month or quarter on which the User signed up. Membership will continue for the remainder of the current billing period. For more information on this, please see our Cancelation Policy.

6. Feedback

We always appreciate feedback and are always on the lookout for ways to improve Biz Bulwark. For feedback, comments, questions, or concerns, you can contact us at support@bizbulwark.com and we will return you e-mail at the soonest opportunity possible.

7. Guarantee and Warranty

Use of the Platform is at your sole risk. All materials, information, products, software, programs, and Services are provided “as is,” with no warranties or guarantees whatsoever. Biz Bulwark does not guarantee the quality or delivery of any work or services provided to Clients by Providers.  Biz Bulwark expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, Biz Bulwark makes no warranty or guarantee that the Platform will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system. Some jurisdictions do not allow the exclusion of warranties, so the above exclusions may not apply to you.

8. Code of Conduct

By accessing the Platform, all Users agree to abide by the following code of conduct (“Code of Conduct”):

• Clients and Providers shall not misrepresent any information including, but not limited to, company details, capabilities, and services offered as applicable;
• Clients should only post such projects and Providers should only offer such services that are permitted by applicable law; and
• Clients should pay Providers for completed (closed) milestones within five (5) business days after completion of such milestones, unless Client and Provider mutually agree on a different payment schedule, preferably documented in the project workspace.

Biz Bulwark reserves the right to proactively review Users for adherence to the Code of Conduct, including in response to any User complaints, and We may take appropriate action as determined by Biz Bulwark in its sole discretion and as allowed by law, including but not limited to terminating a User’s access to the Platform if such User has been found in violation of the Code of Conduct. 

9. Non-Circumvention Policy

As a User, you acknowledge and agree that a substantial portion of the compensation Biz Bulwark receives for making the Platform available to you is collected through the Membership Fee and the Project Commission Fee. Biz Bulwark only receives Project Commission Fee when a Provider engages with a Client on a project on Biz Bulwark and gets paid by the Client through the Platform. Therefore, you must use the Platform as your exclusive method to request, make, and receive payments for work directly or indirectly with that party or arising out of your relationship with that party. You may opt-out of this obligation with respect to each Client-Provider relationship only if Client or Provider pays Biz Bulwark for each such relationship by paying an “Opt-Out Fee” of [enter fee you’d want, i.e., 20% of the estimated income for the first 3 months of work together outside of the Platform]. To request an opt-out, you should send an e-mail to Biz Bulwark at [enter e-mail address – i.e., support@bizbulwark.com]. The Client or Provider requesting to work off-Service will be invoiced the full amount of the Opt-Out Fee; however, of no such User requests to work off-Service and the work is taken outside of the Platform, Biz Bulwark may decide, in its sole discretion, which User to assess the Opt-Out Fee to. Users will have five days to pay the invoice in full before Biz Bulwark automatically processes the charge using the User’s payment method on file with Biz Bulwark, unless the Users have arranged an alternate payment schedule with Biz Bulwark. 

10. Release

In the event that you have a dispute with one or more users, you agree to release Biz Bulwark (including our affiliates and each of our respective officers, directors, employees, agents, shareholders, and suppliers) from claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes with other users or to your use of the Platform or participation in the Services. Additionally, you expressly waive any rights you may have under California Civil Code Section 1542 (or analogous laws of other states), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” We reserve the right, but have no obligation, to monitor disputes between you and other users.

11. Limitation of Liability

IN NO EVENT WILL BIZ BULWARK BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE PLATFORM OR ANY USE OF THE PLATFORM, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE PLATFORM, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BIZ BULWARK IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

12. Agreement to Arbitrate All Disputes and Legal Claims

Should a dispute arise between you and Biz Bulwark, we would like to provide you with a neutral and cost-effective means of resolving the dispute quickly. Therefore, for any claim (except for claims for injunctive or equitable relief or claims regarding intellectual property rights) under this Agreement, either party may elect to resolve any dispute arising under this Agreement through binding non-appearance-based arbitration. The party electing arbitration must initiate it through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Any claim or potential claim that cannot be resolved informally shall be submitted to binding arbitration in the state in which the services were performed. The arbitration shall be conducted by the American Arbitration Association under its Commercial Arbitration Rules, or as otherwise mutually agreed by you and we. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be brought within the time required by applicable law. You and we agree that any claim, action or proceeding arising out of or related to the Agreement must be brought in your individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative, collective, or class proceeding.

YOU ACKNOWLEDGE AND AGREE THAT YOU AND BIZ BULWARK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

13. Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.

14. Termination of Service

Biz Bulwark reserves the right to terminate a user and/or deactivate their account at any time, for any reason. This could be for any number of reasons including but not limited to the following:

• If a Provider fails to uphold a level of service or communication needed to ensure positive relationships with Clients.
• If a Client behaves negatively, outside of reasonable feedback, to a Provider.

We reserve the right to refuse access to the Platform or to any user for any reason not prohibited by law. If we terminate or suspend your right to use the Platform, you will not be entitled to any refund of unused balance in your account, and you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Biz Bulwark reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. Content

When you post content on the Platform or provide it to Biz Bulwark (“User Content”), you represent and warrant that you have the right, power, and authority to post that User Content and grant the licenses specified below. You further represent and warrant that by posting or providing such User Content you will not violate third-party rights of any kind, including, without limitation, any Intellectual Property Rights, rights of publicity, and privacy rights. To the extent your User Content may be copyrightable, you represent, warrant, and covenant that you are the owner of all the copyright rights to such User Content and that Biz Bulwark may exercise the rights to your User Content granted under the Terms of Service without any liability or obligation for any payment.

You retain all ownership rights in any User Content you post on the Platform. To the extent permitted by applicable law, you also grant to Biz Bulwark and our successors and Affiliates a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User 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 Platform and Biz Bulwark’s (and our successors’ and Affiliates’) business, including, without limitation, for promoting and redistributing part or all of the Platform (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User a non-exclusive license to access your User Content through the Platform and to use, reproduce, distribute, display, and perform such User Content to the extent permitted through the normal functionality of the Platform and subject to all applicable confidentiality and other provisions of this Agreement, our Privacy Policy, and applicable law.

Notwithstanding the foregoing paragraph, Biz Bulwark will only use or disclose User Content you post to any non-public area of the Platform to the extent necessary to provide services to you.

The licenses to User Content granted by you in this Agreement will terminate within a commercially reasonable time after you remove or delete your User Content from the Platform, except that you grant Biz Bulwark and our successors and Affiliates the irrevocable and perpetual license to retain and use, but not publicly display or distribute, server or archival copies of all User Content that you have removed or deleted to the extent permitted by applicable law.

16. Intellectual Property

You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Platform, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Platform may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.

17. Restrictions on Use

You may not use the Platform or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of Biz Bulwark. You may not copy, reproduce, recompile, disassemble, decompile, reverse engineer, distribute, modify, publish, display, perform, upload to, create derivative works from, frame transmit, or in any way exploit any part of the service, you may not recirculate, redistribute or publish the analysis and presentation included in the service without Biz Bulwark’s prior written consent.

Modification of Biz Bulwark’s content is a violation of the copyrights and other proprietary rights of Biz Bulwark or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of Biz Bulwark. The Platform and the information contained therein may not be used to construct a database of any kind. The Platform and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of Biz Bulwark or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with Biz Bulwark’s consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of Biz Bulwark or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the service.

18. Nature of Relationships

Users recognize, acknowledge, and agree that neither Clients nor Providers are employees of Biz Bulwark. No partnership or employment relationship between Biz Bulwark and Clients and/or Providers can be construed by these Terms of Service. No agency relationship exists between Biz Bulwark and a User, and as such, Users are not authorized to represent Biz Bulwark as their agent. 

Biz Bulwark does not oversee, supervise, monitor, train, or manage Users. The Users bears all responsibility for paying and classifying any workers and complying with all applicable laws with respect to such workers.

19. No Agency

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

20. Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:

 

Biz Bulwark

101 N. Brand Blvd. 11^th Fl.
Glendale, CA 91203

Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must include the following information: 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed; 
2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed; 
3. A description of the material that you claim is infringing and where it is located on the Service; 
4. Your address, telephone number, and email address; 
5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and 
6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
   

Biz Bulwark will promptly terminate without notice the accounts of Users that are determined by Biz Bulwark to be “Repeat Infringers.” A Repeat Infringer is a User who has been notified of infringing activity or has had user content removed from the Platform at least twice.

21. Links to Other Sites and Materials

As part of using the Platform, Biz Bulwark may provide you with links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Biz Bulwark has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by Biz Bulwark, and Biz Bulwark is not responsible for any Third Party Sites accessed through the Platform or any Third Party Applications, Software, or Content posted on, available through or installed from the Platform, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by Biz Bulwark. If you decide to leave the Platform and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Platform or relating to any applications you use or install from the site.

22. Privacy

Biz Bulwark’s current privacy policy is available at on the Platform and at our website (www.bizbulwark.com), which is incorporated by this reference. We strongly recommend that you review the Privacy Policy closely.

23. Electronic Communications

The communications between you and Biz Bulwark use electronic means, whether you use the Platform or send us emails, or whether Biz Bulwark posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Biz Bulwark in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Biz Bulwark provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. It is the User’s responsibility to keep their e-mail addresses current so Biz Bulwark can send communications.

24. Notice

Communications made through the Service’s e-mail and messaging system will not constitute legal notice to Biz Bulwark or any of its officers, employees, agents or representatives in any situation where notice to Biz Bulwark is required by contract or any law or regulation.

Any such notice must be sent to:

Biz Bulwark

101 N. Brand Blvd. 11^th Fl.
Glendale, CA 91203

25. Changes and Amendments to Terms

These Terms of Service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Platform and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Platform after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Platform with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Platform. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

26. General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of Biz Bulwark to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

Biz Bulwark may assign or delegate these Terms of Service and/or Biz Bulwark’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without Biz Bulwark’s prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE USER AGREEMENT AND PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.