Terms and Conditions

Last updated: August 15, 2017

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://bmmx.back2liferecycle.com website (the “Service”) operated by Bizmaxim (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Communications

By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

Billing and Subscriptions

We reserve the right to change our rates at any time. You will be notified in advance of the rate change if it affects your existing subscriptions. If you have received a discount or special rate, we will have the right to renew your subscription, automatically and without prior notice.

All rates must be paid based on US dollars. These rates do not include taxes (including sales tax, value added tax, taxes on goods and services, etc.), you will be responsible for paying all applicable taxes derived from the use of BIZMAXIM services, and Payments and purchases made within the BIZMAXIM business world. BIZMAXIM is obliged to collect or pay taxes for your charges, whether or not the taxes were supplements or collected from you in previous transactions, Taxes can be added to the payment of the remaining tariffs and will be shown on the invoice of the transaction.

You authorize the service, directly or through its subsidiaries, affiliates or any third party to request and collect payment from our payment provider or from your bank account and to make any request that BIZMAXIM or its affiliates may deem necessary to validate their chosen payment account or financial information in order to ensure timely payment, including in order to receive up-to-date payment information from their payment provider, credit card or bank account (expiration date or card number, as provided by your credit card company).

All proof of payment or billing will be available in your user account. In order to prevent a service interruption due to non-payment, BIZMAXIM services operate with automatic renewal, based on periodic rates. For this reason, when applicable, BIZMAXIM will automatically renew the applicable BIZMAXIM services for a period of renewal according to the original subscription period of the service, and will automatically charge you the applicable rates using the payment method you have registered with BIZMAXIM.

In the original subscription period of a service is a month, each of the renewal periods (when applicable) will be for one month. Unless you cancel the BIZMAXIM services, BIZMAXIM will automatically renew the services when the renewal date arrives and charge you the fees. In order to prevent any interruption or loss of service due to the obstacle to processing renewal charges in advance of the expiration of the current subscription period, BIZMAXIM reserves the right to charge for the following renewal periods up to one week in advance Before the renewal period begins. If payment is not made by the time the renewal period begins, we may temporarily suspend your services in BIZMAXIM, until payment is made.

You are responsible for ensuring payment is made and applied to your account property. You agree that you will not claim against BIZMAXIM in connection with the interruption of the BIZMAXIM service or third party services, for any reason.

To ensure that you do not lose your current information and promotions, at the end of your subscription period, we will renew it automatically.

There are some extra services that are not renewed either on purpose or by mistake, you should make sure your subscriptions are renewed on time.

In the event you desire to cancel your subscription, you are required to do so from your user account. In the event you cancel your subscription, no refunds will be made for amounts already paid.

You should note that services purchased on BIZMAXIM services may not be refundable, including Third Party Services. The terms of each service purchased are specified in BIZMAXIM.COM during the process of purchasing the services. You must take into account your ability to purchase these services, as BIZMAXIM will not reimburse any amount paid for non-refundable third-party services or services.

Termination and Cancellation

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you must log into your user account and follow the termination procedures listed therein.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

If your User Account or any of the BIZMAXIM Services or Third Party Services related to your User Account is terminated and/or canceled (either at your request or at BIZMAXIM’s discretion), you may result in the loss of certain Content, features or capacity of your Account Of User, including any User Content, end user data or other usage data contained therein. In no way will BIZMAXIM be liable for such Loss of Capacity, or for keeping a backup copy of your User Account, User Content or end user data. Please also note that additional fees may be applied to reactivate a BIZMAXIM User Account and / or Services after its termination, as determined by BIZMAXIM in its sole discretion.

Loss of data and User Responsibilities

If you violate any of the terms or you fail to make the payments in due course, we may suspend or cancel your account.

You can cancel your account or any service at any time. Once we process your cancellation request, we will not charge you for renewals of additional subscriptions.

You can use our services to offer your products, contents and services online.

You are responsible for all your sales activities, including your relationships with customers, members and payment service providers.

You are solely responsible for the activities related to your products, User services, and for any promotion and related content that is contained and for compliance with the laws that apply to them. We simply provide a platform for you to manage your promotional activities for your products or services. BIZMAXIM is not related to your transactions with any of the actual or potential customers of your products and / or services.

You will be responsible and bear all costs of supplying and delivering your products or services and providing them in a safe and professional manner, consistent with industry standards.

You are solely responsible for all statements and promises you make and all assistance, assurance and support related to the Products or services, and you must provide true contact information in BIZMAXIM for all questions, complaints and claims.

You may not offer or sell Products, nor provide any information, content or related material that may be considered dangerous, counterfeit, stolen, fraudulent, offensive or abusive; Which is prohibited from selling, distributing or using; Or in any way does not comply with applicable laws, including those relating to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export.

BIZMAXIM may, at any time and in its sole discretion, suspend or disable access, or delete its contents, whether or not they are incorporated, published at that time, without any liability towards you or to any end user, including Loss of Capacity resulting from it.

Content

Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.

You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, perform, display, reproduce, and distribute such Content on and through the Service.

Bizmaxim has the right but not the obligation to monitor and edit all Content provided by users.

In addition, Content found on or through this Service are the property of Bizmaxim or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to dmca@bmmx.back2liferecycle.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Service on your copyright.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;

a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;

identification of the URL or other specific location on the Service where the material that you claim is infringing is located;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

You can contact our Copyright Agent via email at dmca@bmmx.back2liferecycle.com

Intellectual Property

The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Bizmaxim and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bizmaxim.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Bizmaxim

Bizmaxim has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Bizmaxim 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 third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Bizmaxim and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

Limitation Of Liability

In no event shall Bizmaxim, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. 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, non-infringement or course of performance.

Bizmaxim its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Binding Arbitration

Any dispute or claim relating in any way to your use of any Bizmaxim, or to any products or services sold or distributed through Bizmaxim will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The venue for any small claims cases will exclusively be in Hidalgo County, Texas. The Federal Arbitration Act and federal arbitration law apply to this agreement.

 

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

 

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim via certified mail to:

 

Bizmaxim

P.O. Box 477

McAllen, Texas 78505

 

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Bizmaxim will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.