Terms Of Service
1. ACCEPTANCE OF TERMS
Biz Shopping Cart provides its Service to you, subject to the following Terms of Service ("TS"), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF SERVICE
Biz Shopping Cart currently provides users with access to many online resources, including, shopping Services, communications tools, and personalized content (the "Service"). You understand and agree that the Service is provided "AS-IS" and that Biz Shopping Cart, Inc. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
3. MODIFICATIONS TO SERVICE
Biz Shopping Cart reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Biz Shopping Cart shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree to indemnify and hold Biz Shopping Cart, Inc, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, or your connection to the Service.
5. SERVICE FEE
In consideration for the right to use the Service and use the Software, you agree to pay Biz Shopping Cart, Inc. to rate agreed to in your Service contract.
Payment of the Service fee shall be made upon agreement to these terms and prior to any service being provided.
All taxes incurred as a result of using this Service are your sole responsibilty.
8. WARRANTY DISCLAIMER
Biz Shopping Cart, INC. WARRANTIES SET FORTH IN THIS AGREEMENT ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. LIMITATION OF LIABILITY
Biz Shopping Cart, Inc. shall not be responsible for, and shall not pay, any amount of incidental, consequential or other indirect damages, whether based on lost revenue or otherwise, regardless of whether Biz Shopping Cart, Inc. was advised of the possibility of such losses in advance. In no event shall Biz Shopping Cart, Inc.'s liability hereunder exceed the amount of current Service fee paid by you, regardless of whether your claim is based on contract, tort, strict liability, product liability or otherwise.
10. GOVERNING LAW
This Agreement shall be construed and enforced in accordance with the laws of the state of California, USA.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement, including all of the remaining terms, will remain in full force and effect as if such invalid or unenforceable term had never been included.