Our Terms of Service
BizPlanShark Terms of Service
Welcome to BizPlanShark, a web-based consultancy operated by BizPlanShark Inc. BizPlanShark is at times referred to in these Terms of Service as “the Service.”
In order to use our service, you must:
Be at least eighteen (18) years old or of sufficient legal age in your jurisdiction and able to enter into contracts;
Complete the registration process;
Read and agree to these Terms of Service; and
Provide true, complete, and up to date contact information.
Your use of BizPlanShark services is governed by these Terms of Service. By using BizPlanShark services, you (“Client” or “Customer”) agree to be bound by and comply with the terms and conditions contained herein.
These terms of service comprise a binding legal agreement between you and BizPlanShark, Inc. Please review this agreement carefully.
By purchasing a BizPlanShark service or by simply visiting and browsing this website you are accepting to be bound by these terms of service, and you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the “terms” or the “agreement”). Purchasing a BizPlanShark service is the same as signing a hardcopy contractual agreement. If you do not agree to the terms of service, please do not engage our services.
1. The BizPlanShark Service
BizPlanShark is a consulting service available at that allows you to engage BizPlanShark for consulting purposes and/or to upload, store, transmit, disseminate, print and otherwise distribute business plans, and analyze financial data (herein, “Content”), or other documents. Your use of The Service is at your own risk. The Service is provided on an as is and as available basis, without any direct or implied guarantee of performance, outcome, accuracy or validity.
3. Modification of These Terms
When using BizPlanShark, you agree to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time. All such Guidelines and rules are hereby incorporated by reference into these Terms of Service. BizPlanShark, Inc. may, at its sole discretion, modify or revise these Terms of Service and policies at any time; by using The Service you agree to be bound by such modifications or revisions. If you do not accept and abide by this Agreement and these Terms of Service, you may not use The Service.
4. Use of the Service
You agree that you will use The Service in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (A) use the Service to upload, store, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as reasonably determined by BizPlanShark, Inc.; (B) upload, store, transmit or otherwise distribute content that infringes upon another party's intellectual property rights or other proprietary, contractual or fiduciary rights or obligations; (C) prevent others from using The Service; or (D) use The Service for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of this Agreement and your status as a client of BizPlanShark, and may subject you to state and federal, or provincial penalties and other legal consequences. BizPlanShark, Inc. reserves the right, but shall have no obligation, to investigate your use of The Service in order to determine whether a violation of the Agreement has occurred or to comply with any applicable law, regulation, legal process or governmental request.
You are responsible for determining whether The Service is suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, or other laws. If you're subject to regulations (like HIPAA) and you use our Service, then we won't be liable if our Service doesn't meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce.
5. Content of the Service, Ownership, and Intellectual Property Rights
BizPlanShark, Inc. takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does BizPlanShark, Inc. have any obligation to monitor such third-party content. BizPlanShark, Inc. reserves the right at all times to remove or refuse to distribute any Content on The Service, such as content that violates the terms of this Agreement. BizPlanShark, Inc. also reserves the right to access, read, preserve, and disclose any information and Content as it reasonably believes is necessary to (A) satisfy any applicable law, regulation, legal process, or governmental request, (B) enforce this Agreement, including investigation of potential violations hereof, (C) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (D) respond to client support requests, or (E) protect the rights, property, or safety of BizPlanShark, Inc., its clients and the public. BizPlanShark, Inc. will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, services, and all other elements of BizPlanShark provided and owned by BizPlanShark, Inc. are protected by United States and/or Canadian copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws and are the property of BizPlanShark, Inc. or its subsidiaries or affiliated companies and/or third-party licensors. Except as may otherwise be noted, all trademarks, service marks, and trade names are proprietary to BizPlanShark, Inc. or its affiliates and/or third-party licensors.
BizPlanShark, Inc. does not claim any ownership in any of the Content, including any text, data, information, images, photographs, music, sound, video, or other material, that you upload, transmit, or share with us via the website or electronic, written, technological or other means. Your plans and financials are and always will be your property.
6. Client Representations and Warranties.
You are solely responsible for your Content and the consequences of uploading, storing, transmitting or otherwise distributing Content to and/or from you to BizPlanShark. Except as set forth herein, BizPlanShark, Inc. will not use any of Content for any purpose except to provide you with The Service. By uploading, storing, transmitting or otherwise distributing Content, you affirm, represent, and warrant that:
the Content and any use of it does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) violate any securities law or regulation in any jurisdiction, or (iii) slander, defame, or libel any other person; and
the Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Violators of any third-party rights may be subject to criminal and civil liability. BizPlanShark, Inc. reserves all rights and remedies against any Clients who violate these Terms of Service.
7. Content Disclaimer
You understand that when using BizPlanShark you may be exposed to Content from a variety of sources, and that BizPlanShark, Inc. is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against BizPlanShark, Inc. with respect thereto. BizPlanShark, Inc. does not endorse any Content or any opinion, recommendation or advice expressed therein, and BizPlanShark, Inc. expressly disclaims any and all liability in connection with Content.
8. Statement of Policies
BizPlanShark, Inc. disclaims any and all liability in connection with or arising from Content uploaded, stored, transmitted or otherwise distributed by Client. In the event BizPlanShark, Inc. receives any information or notice that any Content uploaded, stored, transmitted or otherwise distributed by Client violate these Terms of Service or infringes any copyright, trademark, or patent, or is alleged to infringe any copyright, trademark, or patent, BizPlanShark, Inc. reserves the right to immediately remove the Content without notice to the Client and without any obligation to investigate an allegation of infringement. BizPlanShark, Inc. further reserves the right in its sole and unfettered discretion to remove for any reason whatsoever and at any time, any Content uploaded, stored, transmitted or otherwise distributed by a Client, without prior notice to Client.
BizPlanShark, Inc. further reserves the right to terminate Client access to the BizPlanShark website in the event Client violates these Terms of Service.
9. Prohibited Activities; Enforcement of Policies
By agreeing to these Terms of Service you agree not to:
except as expressly permitted herein, use The Service for any purposes other than to access and use BizPlanShark as such services are offered by BizPlanShark, Inc.;
impersonate any person or entity, falsely claim an affiliation with any person or entity, forge another persons' digital signature or identity, misrepresent the source, identity, or content of information transmitted via or to BizPlanShark, or perform any other similar fraudulent activity;
make unsolicited offers, advertisements, proposals, or send junk mail or spam to BizPlanShark staff or BizPlanShark email accounts. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
use BizPlanShark for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
defame, harass, abuse, threaten or defraud visitors to and staff of BizPlanShark, or collect, or attempt to collect, personal information about Clients or third parties without their consent;
use BizPlanShark if you are not legally competent to do so;
remove, circumvent, disable, damage or otherwise interfere with security-related features of BizPlanShark or Client Content, features that prevent or restrict use or copying of any content accessible through BizPlanShark, or features that enforce limitations on the use of BizPlanShark or Client Content;
modify, adapt, translate or create derivative works based upon BizPlanShark or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
intentionally interfere with or damage operation of BizPlanShark or anyone person’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
use any robot, spider, scraper, or other automated means to access BizPlanShark for any purpose or bypass any measures BizPlanShark, Inc. may use to prevent or restrict access to BizPlanShark;
interfere with or disrupt BizPlanShark or servers or networks connected to BizPlanShark, or disobey any requirements, procedures, policies or regulations of networks connected to BizPlanShark.
BizPlanShark reserves the right to scan all Content to ensure compliance with these Terms of Service. In the event BizPlanShark determines, in its sole discretion, that your use of BizPlanShark is in violation of these Terms of Service, BizPlanShark shall have the right without recourse by the Client to immediately terminate your status as a Client without any refunds or financial remedies payable to you.
10. Account, Payment, Refund, Upgrading, and Downgrading
When you use BizPlanShark, you may be asked to share with us files, documents, and other information. You are solely responsible for maintaining the confidentiality of such information and for restricting access to your computer or other devices used to access The Service, and you agree to accept responsibility for all activities that occur with respect to any unauthorized access to such materials by 3rd parties. BizPlanShark will not share or release your information to any third party or parties.
You agree that the information you provide to BizPlanShark, Inc. at all times will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. A valid credit card is required for all transactions.
All pricing and cost information is in US currency unless specifically stated otherwise.
If you initially sign up for a service that includes a free promotional period and you don't notify us by email to email@example.com within the specified free trial period, you will be billed monthly at the date and time that your free trial period ends. Note that the “days” of the free trial correspond to 24-hour periods beginning at the date and time that you sign up. If you cancel prior to the processing of your first invoice, during your free trial period, you will not be charged;
For all non-subscription Services that include a one-time payment, the Service is billed in advance of BizPlanShark commencing work on your specific Service. There will be no refunds or credits should you choose to not complete your use of our Services after submitting a payment regardless of whether we have started working on your matter, or if you submit the payment and choose not to engage BizPlanShark in any Services. To ensure that we treat all customers fairly and evenly no exceptions will be made.
In some instances, BizPlanShark may, at its sole discretion allow you to split the required payment into several installments. Should you decide to terminate your use of the Service after one or several installments have been made, no refunds will be issued and the balance of the total payment will be due at the time you choose to terminate the service.
11. Client Indemnifications and Hold Harmless
You, the Client, agree to defend, indemnify and hold harmless BizPlanShark, Inc., its affiliated companies, officers, directors, employees and agents from and against all claims, demands, suits, costs, damages, and expenses, including but not limited to attorneys' fees and reasonable settlements that BizPlanShark, Inc. may sustain or incur by reason of (a) use of BizPlanShark website or services, (b) breach, alleged breach or violation of the foregoing warranties, representations and covenants, (c) any violation of any third party right arising from Client Content submitted by Client, (d) any claim that any Client Content submitted by Client caused damage to a third party, (e) any allegation or claim that Use of BizPlanShark by Clients constitutes a securities violation in an jurisdiction, or (f) any other violation of these Terms of Service. Client’s obligation to defend, indemnify and hold harmless BizPlanShark, Inc. shall survive these Terms of Service and BizPlanShark.
12. Disclaimer of Warranties
Use of BizPlanShark shall be at user's sole risk. To the fullest extent permitted by law, BizPlanShark, Inc., its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with BizPlanShark and use thereof. BizPlanShark, Inc. assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of website content, information, advice, financial projections, statements or other communications made to Clients by BizPlanShark, (ii) personal injury or damage, of any nature whatsoever, resulting from access to and use of BizPlanShark, (iii) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through BizPlanShark website by any third party, and/or (iv) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via BizPlanShark.
BizPlanShark, Inc. does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through BizPlanShark or any hyperlinked website or featured in any banner or other advertising. BizPlanShark, Inc. will not be a party to or in any way be responsible for monitoring any transaction between a user and third-party providers of products or services.
13. Limitations of Liability
Client agrees not to hold BizPlanShark, Inc., its officers, directors, employees or agents liable for any loss or damage, whether direct, indirect, incidental, special, punitive, or consequential, incurred as a result of user's use of BizPlanShark, (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or damage of any nature whatsoever, resulting from user's access to and use of BizPlanShark, (iii) any interruption or cessation of transmission to or from BizPlanShark, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through BizPlanShark by any third party, and/or (v) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of user's use of any content posted, emailed, transmitted, or otherwise made available via BizPlanShark, whether based on warranty, contract, tort, or any other legal theory, and whether or not BizPlanShark, inc. is advised of the possibility of such damages.
Certain jurisdictions do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations or exclusions of warranties, remedies or liability contained in these terms of service apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you are located.
You may cancel your use of The Services and/or terminate this Agreement with or without cause at any time by providing notice to BizPlanShark, Inc. You may terminate your use of The Service ONLY in the manner set forth in this section 14.
In order to terminate your use of The Service, you must submit a written request to firstname.lastname@example.org. You cannot terminate your use of The Service in any other way and BizPlanShark, Inc. can not terminate your use of The Service by email, telephone, or fax instructions.
15. Notification of Security Breach
In the event of a security breach that may affect you or any of the users on your account, we'll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to any of the users on your account, you'll promptly do so.
16. Miscellaneous Terms
These Terms of Service shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, except for its conflicts of laws principles. Client consents to the exclusive jurisdiction and venue in the state and federal courts in Ontario, Canada.
BizPlanShark, Inc. may transfer and assign these Terms of Service without restriction. Client may not transfer or assign any of these Terms of Service.
Client affirms and warrants that Client is legally competent to enter into these Terms of Service, and the conditions, obligations, affirmations, representations, covenants and warranties set forth herein.
If any provision of these Terms of Service is found illegal or unenforceable, it will be enforced to the maximum extent permissible, and the legality and enforceability of the remaining provisions of these Terms of Service shall not be affected.
No waiver of any term of these Terms of Service shall be deemed to constitute a continuing waiver of such term.
BizPlanShark, Inc. may provide you with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on BizPlanShark. Notice will be deemed given twenty-four hours after email is sent, unless BizPlanShark, Inc. is notified that the email address is invalid. Alternatively, BizPlanShark, Inc. may give you legal notice by mail to a postal address, if provided by you through BizPlanShark. In such case, notice will be deemed given three days after the date of mailing. Notice posted on BizPlanShark is deemed given five (5) days following the initial posting.