General Terms of Service for using BIZTRADE
"BIZTRADE” refers to the service provided subject to these General Terms of Service and/or BIZTRADE.com, LLC a Delaware Corporation.

Preamble

By logging on to BIZTRADE, users accept the following General Terms of Service (hereinafter the “GTS”) for using BIZTRADE. BIZTRADE operates BIZTRADE services under various top-level domains (BIZTRADE.com, BIZTRADE.network, etc.), as well as various sub-domains and aliases of these domains. All Web sites on which BIZTRADE provides BIZTRADE services are hereinafter referred to as “BIZTRADE Web sites.” These GTS shall govern the contract relationship between the User and BIZTRADE, irrespective of which BIZTRADE web site the User is registered with or logged on to. The User enters into this agreement on the use of BIZTRADE services with BIZTRADE.com, LLC, 385 Airport Road, Elgin, Illinois, 60123, United States. Additional contact information, commercial registry data, as well as the name of the authorized representative of BIZTRADE.com, LLC can be found under “About”. The services provided by BIZTRADE are intended exclusively for persons 18 years of age and older. The User can call up, print out, download and or save these General Terms of Service at any time, even after the agreement has been closed, under the “Terms of Service” link that appears on all BIZTRADE Web sites.

A. Subject Matter
A.1  The BIZTRADE Web sites offer registered users two options: a) a free private basic membership (hereinafter referred to as “Basic Membership”), and b) a private paid membership (hereinafter referred to as “Premium Membership”).
A.2  Details about the applicable fees for the Premium Membership are set forth on the BIZTRADE Web sites under "Membership Categories". The fees listed under "Membership Categories" are binding. Payments for the Premium Membership shall be due immediately upon invoicing. Payment can be made using the various debiting procedures available, especially with the accepted credit cards, or the available online payment systems. If BIZTRADE is unable to collect any fees from an account designated by the User due to lack of funds, the User shall bear all costs arising there from, including bank charges related to any debit entries or similar charges, insofar as the User is responsible for the event that triggers these costs.
A.3  Any use of the services and contents offered on the BIZTRADE Web sites beyond the scope of options provided by BIZTRADE requires the prior written consent of BIZTRADE.
A.4  BIZTRADE shall only make data and/or information provided by the User available for other uses provided that this data and/or information do not violate any laws or these GTS. BIZTRADE is entitled to remove any illegal or prohibited data and/or information from BIZTRADE Web sites without prior notice to the User.
A.5  The User acknowledges and agrees that it is technically impossible to achieve 100% availability of the BIZTRADE Web sites. BIZTRADE shall nonetheless endeavor to keep BIZTRADE Web sites available without interruption. Events related to maintenance, security or capacity requirements, and/or events beyond BIZTRADE's control (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the services provided on BIZTRADE Web sites.
A.6  BIZTRADE merely provides the User with a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. As regard to content, BIZTRADE does not take part in any communication between users. If users enter into agreements with one another over BIZTRADE Web sites, BIZTRADE shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another. BIZTRADE shall not be held liable if users are unable to contact one another over BIZTRADE Web sites regarding such agreements. Furthermore, BIZTRADE shall not be liable for breaches of duty in relation to agreements entered into between users.
A.7  Group moderators are entitled to choose their members. They may freely choose whether or not a user may join their group.
A.8  Unless otherwise expressly defined, partner offers are only available to Premium Members and/or for Member Groups freely defined by BIZTRADE.
BIZTRADE shall merely acts as intermediary in the case of agreements entered into with partners.
Applying to these partner offers are the General Terms of Service and the privacy policies of the respective partner companies that carry out the complete transaction themselves and are a party to an agreement with and serve as the contact for the User.

B.  Registration, and Representations and Warranties upon Registration
B.1  Users must register prior to using any of the services on the BIZTRADE Web sites.
B.2  The User warrants and represents that all of the data provided by the User for registration is accurate and complete. The User shall report any changes in the registration data to BIZTRADE without undue delay.
The User shall not use pseudonyms or pen names.
B.3  The User warrants and represents that he or she is of legal age at the time of registration.
B.4  The User shall choose a password upon registration. The User is obliged to keep this password secret. BIZTRADE shall not disclose the password to any third party and BIZTRADE shall not ask for the User's password at any time.
B.5  By completing the registration process, the User consents to enter the agreement to use the services of the BIZTRADE Web sites. BIZTRADE accepts this offer by activating the membership for the use of services on BIZTRADE Web sites. The agreement takes effect with the aforementioned acceptance by BIZTRADE.
B.6  Each User is entitled to register with BIZTRADE only once, and the User may only establish one (1) user profile.
B.7  It is technically impossible for BIZTRADE to determine with certainty whether any user registered with BIZTRADE is in fact the person he or she represents to be. Therefore, BIZTRADE assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.

C.  Right of cancellation for consumers
If a user is registered at BIZTRADE for a purpose that is not related to either his or her commercial or freelance activity, the following provisions shall apply to him or her as a consumer:
C.1 Right of cancellation
The User may cancel registration for the Free or Premium Membership in writing by deliver notice of termination using the contact form available at all BIZTRADE Web sites within two (2) weeks without stating a reason. The two-week period begins when membership is activated by BIZTRADE, but not before the receipt of these instructions.
Furthermore, the User may cancel registration for the Premium Membership in writing by deliver notice of termination using the contact form available at all BIZTRADE Web sites within two (2) weeks without stating a reason, after changing from Free Membership to Premium Membership. The two-week period begins when Premium Membership is activated by BIZTRADE, but not before the receipt of these instructions.
For meeting the cancellation deadline in each of the aforementioned cases, the date of dispatch of the cancellation notice is decisive. In each of the aforementioned cases, the cancellation notice of termination should be sent using the contact form available at all BIZTRADE Web sites, or by sending a fax or letter to BIZTRADE.
The User’s right of termination under section F shall not be affected by the User’s cancellation right under this section C.
C.2  Premature lapse of the right of cancellation
The User’s right of cancellation lapses before the end of the right of cancellation period cited in section C.1, in the following cases.
If BIZTRADE has begun performing the BIZTRADE services for which the User is registered with the express consent of the User, or
If the User has initiated the BIZTRADE services for which the User is registered (e.g. in which the User has accessed the BIZTRADE services that BIZTRADE has made available to the User in accordance with the type of Membership chosen by the User at registration).

D.  Obligations of the User
D.1  The User is obliged,
D.1.1  To provide only true and non-misleading statements in the User profile and in communications with other users, and to refrain from using any pseudonyms or pen names.
D.1.2  To post on the BIZTRADE Web sites only photographs of the User which are not more than five (5) years old and in which the User can be clearly and plainly recognized. The User warrants and represents that the public display of the photographs delivered by the User to the BIZTRADE Web sites is not prohibited. The User shall not upload any photographs or images of any other person than of the User, or of non-existent persons or other beings (such as animals, imaginary creatures, etc.). The photographs delivered by the User shall not contain any company logos. The exceptions in this case are photos of BIZTRADE employees.
Group logos that contain company logos are also not permitted. Premium Groups are exempt from this rule, however.
D.1.3  To comply with all applicable legislation, and respect all third-party rights. In Particular, the User shall not:
Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or BIZTRADE personnel or other companies;
Use any pornographic materials or any contents that violate any applicable legislation for the protection of minors; or advertise or promote, offer or distribute any pornographic product or products which do not comply with any applicable legislation for the protection of minors;
Unreasonably annoy (particularly with spam) any other user;
Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws), or advertise, promote, offer or distribute any goods or services protected by law; and
Use or promote any commercial practices considered unfair competition, including progressive customer acquisition practices (such as chain distribution systems, multilevel selling or pyramid sales).
D.1.4  To refrain from engaging in any of the following annoying actions, even if they do not constitute a breach of any applicable laws:
Sending chain letters;
Performing, advertising and promoting any form of structural distribution measures (such as multi-level marketing or multi-level network marketing); or
Communicating in any insinuating or sexual way (suggestive or explicit).
D.2  The User is prohibited from the following:
Employing any mechanisms, software or scripts when using BIZTRADE Web sites. However, the User may use the interfaces or software provided by BIZTRADE within the scope of the services available on the BIZTRADE Web sites.
Blocking, overwriting, modifying and copying of any contents of the BIZTRADE Web sites, unless said actions are necessary for the proper use of the services on the BIZTRADE Web sites. For example, the use of the "Robot/Crawler" search engine technology is not required for proper use of the services, and is therefore prohibited.
Distributing or publicly disclosing the contents of any of the Web sites of BIZTRADE or any other user.
Performing any actions which may impair the operability of BIZTRADE's infrastructure, particularly actions which may overload said infrastructure.


E.  Changes to the Services on BIZTRADE Web sites
BIZTRADE reserves the right to modify the services offered on the BIZTRADE Web sites and/or to offer services different from those offered at the time of the User's registration at any time, unless this is unreasonable for the User.

F. Termination of Membership, Reimbursement of Advance Payments
F.1  The User may terminate the Free Membership at any time without cause. The User may deliver notice of termination using the contact form available on all BIZTRADE Web sites at any time. The termination notice shall include the User’s registered name and an email address of the User registered on one of the BIZTRADE Web sites.
F.2  The User may terminate without cause the Premium Membership to the end of the minimum runtime chosen by the User in the course of the registration process, or to the end of any renewal period after said minimum runtime expires, by giving notice of fourteen (14) business days. The user may deliver notice of termination using the contact form available on all BIZTRADE Web sites. The termination notice shall include the registered name of the User and an email address of the User registered on the BIZTRADE Web sites. If the User has terminated the Premium Membership, the User is entitled to retain a Free Membership until such termination takes effect. The provisions of this section F.2 shall not affect the right of both parties to terminate the agreement for good cause.
F.3  A good cause is defined as an event which makes it unacceptable for BIZTRADE to continue the agreement to the end of the termination period, taking into account all circumstances of the individual case and weighing the interests of BIZTRADE against the User's. A good cause includes any the following events:
If the User fails to comply with any applicable legal provisions;
If the User breaches a contractual obligation, in particular an obligation set forth in sections B and D of these GTS;
If the reputation of the services offered on the BIZTRADE Web sites is substantially impaired by the online-presence of the User (if, for example, it is discovered after registration that the User has been convicted of a criminal offence, and if said conviction is known to other users);
If the User promotes any communities or associations (or any of their methods or activities) which are under surveillance by authorities responsible for public safety or the protection of minors, or;
If the User causes harm to any other user(s)
F.4  In the event of a good cause in accordance with section F.3 and notwithstanding BIZTRADE's right to terminate the contract in accordance with section F.3, BIZTRADE is entitled to:
Delete the contents posted by the User;
Issue a warning, or
Block the User's access to the services on the BIZTRADE Web sites.
F.5  In the following cases, the User shall not be entitled to claim reimbursement of any advance payments:
If BIZTRADE has terminated the contract for good cause pursuant to section F.3;
If BIZTRADE has blocked the User’s access in accordance with section F.4; or
If the User has terminated the agreement. However, the User's right to claim reimbursement of any advance payments shall not be excluded in this case if the User has terminated the agreement for a good cause attributable to BIZTRADE.

G. Responsibility for the User’s Content, Data or other Information
G.1 BIZTRADE does not make any warranties or representations regarding any data and/or information provided or made available by any user on any of the BIZTRADE Web sites or on any external websites linked to them. In particular, BIZTRADE does not warrant or represent that said data and/or information is true or accurate, or that it fulfils or serves any particular purpose.
G.2 The User may report any activities of any other user which violate applicable laws and/or any of the terms and conditions of these GTS (including the use of pseudonyms or false identities) using the contact form available at all BIZTRADE Web sites.
H.  Customer Service/Support
Queries regarding agreement with BIZTRADE or regarding BIZTRADE services can be sent by the customer to BIZTRADE using the contact form available at all times on all BIZTRADE Web sites

I.  Liability of BIZTRADE
Whatever the legal grounds, liability for damage claims based only on ordinary negligence against BIZTRADE (including its vicarious agents) shall exist only if BIZTRADE breaches a basic/cardinal obligation under this agreement. In this event, the amounts of claims are limited to typical and foreseeable damages.
Limits shall not apply to the extent damages are covered by BIZTRADE's business liability insurance, provided the insurance company has effected payment to BIZTRADE. BIZTRADE undertakes to maintain the insurance coverage existing at the time this agreement is concluded.
Additionally, this shall not affect personal injury and property damage claims.

J.  Indemnity
J.1  The User shall indemnify and exempt BIZTRADE from all actions, including damage claims, asserted by other users or third parties against BIZTRADE resulting from an infringement of their rights by the contents posted by the User on BIZTRADE Web sites. Furthermore, the User shall indemnify and exempt BIZTRADE from all actions, including damage claims, asserted by other users or third parties against BIZTRADE resulting from an infringement of their rights regarding the use of the services on BIZTRADE Web sites by the User. The User assumes all reasonable costs BIZTRADE incurs due to an infringement of third party rights, including all reasonable legal-defense costs. All other rights, including damage claims by BIZTRADE, are hereby unaffected.
The aforementioned obligations shall not apply to the extent the User is not responsible for the infringement.
J.2  In the event the contents posted by the User infringes any rights of any third party, the User shall, at its own expense and at BIZTRADE's discretion, either obtain the right to use said contents or render said contents free of any infringement. In the event the User infringes third-party rights when using the services of BIZTRADE Web sites, the User shall discontinue such use that violates these General Terms of Service and the law, if so requested by BIZTRADE.

K.  Data Protection
BIZTRADE recognizes that any data provided by the User to BIZTRADE is extremely important to the User, and BIZTRADE shall therefore be particularly sensitive in handling such data. BIZTRADE shall comply with all applicable legal provisions regarding data. Details on BIZTRADE's treatment of the User's data are set forth in the Privacy Policy of BIZTRADE accessible from each of the BIZTRADE Web sites.

L.  Final Provisions
L.1  These GTS and any amendments thereto must be in writing to be valid. No secondary agreements exist.
L.2  BIZTRADE reserves the right to amend these GTS at any time, without giving reasons, unless an amendment is unreasonable to the User. BIZTRADE shall give due notice of any amendments of these GTS to the User.
L.3  Unless otherwise stated in these GTS, the User may submit all notices to BIZTRADE using the contact form provided on each of the BIZTRADE Web sites given in the User’s current contact data in his or her user account.
L.4  If any provision of these GTS is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
L.5  The place of performance under these GTS shall be BIZTRADE's main place of business.
L.6  This Agreement will be governed by the laws of the United States and the state of Illinois USA, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
L.7 The failure of BizTrade to exercise or enforce any right or provision of these GTS shall not constitute a waiver of such right or provision. The General Terms of Service constitutes the entire agreement between you and BizTrade and govern your use of the Service, superseding any prior agreements between you and BizTrade (including, but not limited to, any prior versions of the General Terms of Service).