bizblinddate Site Terms of Use

BBD CONNECTIONS INC. TERMS OF USE

This Agreement ("Terms of Use") is a legal contract between you and BBD Connections Inc. (“BBD Connections”) an Illinois corporation, with a principal address of P.O. Box 44, Elburn, Illinois 60119-0044, and applies to your use of the BBD Connections website located, and services ancillary thereto that are offered, at www.bizblinddate.com (“Site"). In this Agreement, "you" or "your" means any person or entity using the Site.

By accessing, browsing and/or using the Site, you acknowledge that you have read, understand, and agree to be bound to the Terms of Use and to comply with all applicable laws and regulations. You must read, agree with, and accept all of the terms and conditions contained in the Terms of Use, which include those terms and conditions expressly set out below and those incorporated by reference. BBD Connections strongly recommend that, as you read this Terms of Use, you also access and read the information contained in the other pages and websites referred to in this document, as they may contain further terms and conditions that apply to you. THE TERMS OF USE CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to be bound by the Terms of Use, you are not permitted to access our Site or use our services.

BBD Connections reserves the right to change any terms, conditions, policies, rules or guidelines governing the Terms of Use, and the Site, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. All notices of changes will be posted on the Site for thirty (30) days. You are responsible for reviewing the notice and any applicable changes. Changes to any terms, conditions, policies, rules or guidelines governing the Terms of Use, and the Site may be posted without notice to you. Your continued use of the Site following BBD Connections’ posting of any changes will constitute acceptance of such changes or modifications. If you do not agree to any changes to the Terms of Use, do not continue to use the Site.

1. Your Use of the Site.

1.1. BBD Connections hereby grants you a limited license to use the materials, features, and services provided by BBD Connections on this Site solely for your personal, non-commercial use, subject to these Terms of Use. The design and layout of the Site are specifically excluded from the license granted. No other use of the Site is authorized. Except as expressly provided in these Terms of Use, no part or aspect of the Site, including, but not limited to, its text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, the “Materials”), may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without BBD Connections’ express prior written consent.

1.2. Your use of the Site is subject to all applicable local, state, national, and international laws and regulations, and you agree not to use the Site for purposes that violate such laws and regulations. In addition, you agree that: (1) you will not interfere with another customer’s use and enjoyment of the Site; (2) you will not upload, download, transmit or otherwise distribute any message, data, information, text, or other material (“Content”) that may infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party, and that, by uploading or downloading any Content, you represent and warrant to BBD Connections and our affiliates that you have the lawful right to reproduce and distribute such Content; (3) you will not upload, download, transmit, or otherwise distribute any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, or otherwise objectionable; (4) you will not upload, download, transmit, or otherwise distribute any viruses or other harmful, disruptive, or destructive files; (5) you will not upload, download, transmit, or otherwise distribute any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law; (6) you will not use or attempt to use another’s account, service, or system without authorization from BBD Connections, or create or use a false identity on this Site; (7) you will not upload, download, transmit, or otherwise distribute spam, chain letters, junk mail, or any other type of unsolicited mass email to people or entitles who have not agreed to be part of such mailings.; (8) you will not attempt to obtain unauthorized access to the Site or portions of the Site which are restricted from general access; (9) you will not interfere with or disrupt networks, systems, and/or computers connected to the Site, and you will comply with all regulations, policies, and procedures of such networks and systems; (10) you will not stalk or harass anyone; (11) you will not post content in fields that aren’t intended for that content (example: putting an address in a name or title field); and (12) you will comply with all United States laws regarding the transmission of technical data exported from the United States. You acknowledge and agree that you are responsible for all use of your email address and will notify BBD Connections immediately of any unauthorized use.

1.3. You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Materials, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Materials, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BBD Connections reserves the right to bar any such activity.
1.4. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any BBD Connections server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
1.5. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BBD Connections, including any BBD Connections account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
1.6. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or BBD Connections’ systems or networks, or any systems or networks connected to the Site or to BBD Connections.
1.7. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
1.8. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to BBD Connections on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
1.9. You may not use the Site or any Materials for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of BBD Connections or others.

2. No Transfer of Property Rights.

The products, technology, and/or processes described and/or used on this Site may be the subject of intellectual property rights reserved by BBD Connections or other third parties. Except for the limited license granted above, nothing contained herein shall be construed as conferring to you in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of BBD Connections or any third party. Without limited the generality of the foregoing, all Materials, including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of same, contained on the Site is owned, controlled or licensed by or to BBD Connections, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

3. Service, Accounts, Passwords and Security.

3.1 bizblinddate is an online business networking service offered to enable business professionals to find and connect with other business professionals for more effective face-to-face communications (the “bizblinddate Service”).

3.2 The bizblinddate Service is not available to minors under the age of 18 or to any users suspended or removed from the system by BBD Connections for any reason. Users may not have more than one active account. Additionally, users are prohibited from selling, trading, or otherwise transferring their BBD Connections account to another party. If you do not qualify, you may not use the bizblinddate Service.

3.3 Certain features or services offered on or through the Site may require you to open an account (including setting up a bizblinddate ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify BBD Connections immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by BBD Connections or any other user of or visitor to the Site due to someone else using your bizblinddate ID, password or account. You may not use anyone else’s bizblinddate ID, password or account at any time. BBD Connections cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

4. Links to and From Third Party Sites; Framing.

4.1. This Site may provide links or references to other sites; neither BBD Connections nor its affiliates has any responsibility for the content of these other sites, makes any representations or gives any warranties with respect to any information contained in or at these other sites, or shall be liable for any damages or injury arising from the content of these other sites. Neither BBD Connections nor its affiliates endorses companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to the users of this Site and, if you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. BBD Connections reserves the right to terminate any link or linking program at any time.

4.2. There may be circumstances where access to this Site is provided by a link located at another Web site. Neither BBD Connections nor its affiliates makes any representations or gives any warranties with respect to any information contained in or at these other sites and neither BBD Connections nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither BBD Connections nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to this Site.

5. Disclaimer of Warranty.

YOU UNDERSTAND AND AGREE THAT THE BIZBLINDDATE SERVICE AND THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND THAT BBD CONNECTIONS DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY USER INFORMATION OR COMMUNICATIONS BETWEEN USERS. BBD CONNECTIONS ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. BBD CONNECTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

BBD CONNECTIONS MAKES NO WARRANTIES THAT (i) THE BIZBLINDDATE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE BIZBLINDDATE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE BIZBLINDDATE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BBD CONNECTIONS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS USER AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability.

6.1. Limitation on Type of Damages. IN NO EVENT SHALL BBD CONNECTIONS BE LIABLE FOR ANY LOST PROFITS, OR ANY EXEMPLARY, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES OR COSTS, INCLUDING ATTORNEY’S FEES, RESULTING FROM ANY CLAIM (INCLUDING ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY CLAIM FOR LOSS OF USE OF MONEY) ARISING OUT OF OR BASED UPON THE USE OF THE SITE OR MATERIALS, EVEN IF BBD CONNECTIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN.

6.2. Cap on Damages. IN NO EVENT SHALL BBD CONNECTIONS’ LIABILITY FOR DAMAGES TO ANY PARTY ARISING OUT OR RESULTING FROM OR IN CONNECTION WITH THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR FOR LOSS OF USE OF MONEY, EXCEED THE GREATER OF (A) THE TOTAL AMOUNT PAID TO BBD CONNECTIONS IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM AGAINST BBD CONNECTIONS, AND (B) ONE HUNDRED DOLLARS ($100.00), NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN.

7. International Use.

BBD Connections does not make any representation that Materials on this Site are appropriate or available for use in locations outside the United States, and accessing the Materials or the Site from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws.

8. Indemnification.

You agree to defend, indemnify, and hold harmless BBD Connections and its affiliates, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. BBD Connections reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BBD Connections in asserting any available defenses.

9. Enforcement by BBD Connections.

9.1. In the event BBD Connections determines, in its sole discretion, that you have violated these Terms of Use, BBD Connections shall have the right to immediately remove any materials you have placed on the Site and terminate your account without prior notice to you, and/or pursue any other remedies available to it under applicable law. BBD Connections may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) BBD Connections’ rights or property, or the rights or property of visitors to or users of the Site, including BBD Connections’ customers. BBD Connections reserves the right at all times to disclose any information that BBD Connections deems necessary to comply with any applicable law, regulation, legal process or governmental request. BBD Connections also may disclose your information when BBD Connections determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

9.2. You acknowledge and agree that BBD Connections may preserve any transmittal or communication by you with BBD Connections through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or BBD Connections determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of BBD Connections, its employees, users of or visitors to the Site, and the public.

9.3. You agree that BBD Connections may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to BBD Connections, for which monetary damages would be inadequate, and you consent to BBD Connections obtaining any injunctive or equitable relief that BBD Connections deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies BBD Connections may have at law or in equity.

9.4. You agree that BBD Connections may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

9.5. If BBD Connections does take any legal action against you as a result of your violation of these Terms of Use, BBD Connections will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to BBD Connections. You agree that BBD Connections will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

10. Governing Law.

This Agreement and the rights and obligations of the parties hereunder shall be governed by, and construed in accordance with, the internal laws of Illinois without regard to conflict of law principles. Any claims or actions arising out of or in connection with this Agreement may be brought only in the Illinois State Courts located in the County of Kane, or the United States District Court for the Northern District of Illinois, and both parties hereby consent to the personal jurisdiction of such courts and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between BBD Connections and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

11. Void Where Prohibited.

BBD Connections administers and operates the www.bizblinddate.com Site from various locations in the United States, including, but not limited to, Phoenix, Arizona and Elburn, Illinois; other BBD Connections sites may be administered and operated from various locations outside the United States. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. BBD Connections reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

12. Operation of Site.

BBD Connections reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

13. Information You Provide on this Website.

In the course of using the bizblinddate Service, users may provide information about themselves which may be visible to certain other users (see our Privacy Policy to learn more about information collected on this website). You understand that by posting materials on the BBD Connections website or otherwise providing materials to BBD Connections, you are granting BBD Connections a royalty-free, perpetual, irrevocable license to use this information in the course of offering the bizblinddate Service. Furthermore, you understand that BBD Connections retains the right to reformat, excerpt, or translate any materials submitted by you. You understand that all information publicly posted or privately transmitted through the bizblinddate Service is the sole responsibility of the person from which such content originated and that BBD Connections will not be liable for any errors or omissions in any content. You understand that BBD Connections cannot guarantee the identity of any other users with whom you may interact in the course of using the bizblinddate Service. Additionally, we cannot guarantee the authenticity of any data which users may provide about themselves or relationships they may describe.

14. BBD Connections Communications.

In the course of providing you services, BBD Connections may need to communicate with you via email (see our Privacy Policy to learn more about communications). You agree to receive emails which are specific to your account and necessary for the normal functioning of the bizblinddate Service, including a series of up to five welcome emails which help inform new users about various features of the bizblinddate Service. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through the bizblinddate Service.

15. Monitoring and Enforcement.

While we have the right to monitor activity and content associated with the bizblinddate Service, we are not obligated to do so. And since we do not, and may not have the ability to control or actively monitor content we don’t guarantee its accuracy, integrity or quality. Because community standards vary and individuals sometimes choose not to comply with our polices and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our polices that come to our attention and may take any action that we believe is appropriate, including, but not limited to, issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations may vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content including, but not limited to, any errors or omissions in any content, or loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.

16. Fees.

The cost of signing up for a bizblinddate Service account varies depending upon the level of your subscription. Please see our application for details. BBD Connections reserves the right to charge for the bizblinddate Service or any portion thereof, modify the pricing of, add to, or discontinue the bizblinddate Service or any portion thereof without prior notice.

17. Interaction With Other Members.

You are solely responsible for your interactions with other users of the bizblinddate Service (“Members”). You understand that BBD Connections does not in any way screen its Members, nor does BBD Connections inquire into the backgrounds of its Members or attempt to verify the statements of its Members. BBD Connections makes no representations or warranties as to the conduct of Members or their compatibility with any current or future Members. IN NO EVENT SHALL BBD CONNECTIONS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE BIZBLINDDATE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER MEMBERS OR PERSONS YOU MEET THROUGH THE BIZBLINDDATE SERVICE. You agree to take reasonable precautions in all interactions with other Members of the bizblinddate Service, particularly if you decide to meet offline or in person. You understand that BBD Connections makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the bizblinddate Service. BBD Connections will not intervene in disputes between Members and does not accept any liability to any party whatsoever for any disputes arising due to postings on the Site, messages, emails, telephone calls or meetings between Members. Members enter into relationships with other Members at their own risk and take full responsibility to undertake their own due diligence prior to same.

17. Privacy Policy.

BBD Connections’ Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view BBD Connections’ Privacy Policy, click here. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

These Terms of Use were last modified on March 4, 2008.

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