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  User agreement


Guidelines

Acceptance of Agreement: The services offered by Knowledge Explorer Group, Inc. ("Experibiz" or "We") includes the BZdot.com webSite ("Site") and any other features, content, or applications offered by BZdot in connection with this Site (collectively, the "Services"). In order to use the Services, you must read, agree and accept all of the terms and conditions contained in this User Agreement ("Agreement") and Privacy Policy, which you are thereby legally bound to. We strongly recommend that while reading this Agreement, you also access and read the linked information. By accepting this Agreement, you also agree that your use of other BZdot webSites will be governed by the User Agreement and Privacy Policy posted on those webSites. We may amend this Agreement at any time by posting the amended terms on the Site, effective immediately after they are posted. This Agreement is effective on Sep-1st-2006 for all users.

  • Eligibility: Our services may only be used by individuals who can form legally binding contracts under applicable law. Our services are not available to persons under the age of 13 (unless under the supervision of parents or guardians) or temporarily or indefinitely suspended BZdot members.
  • Non-Commercial Use by Members: The Site is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Illegal and/or unauthorized uses of the Site, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Site, will be investigated and appropriate legal action, without limitation, will be taken.
  • Access, Interference, Content Usage: Much of the information on the Site is updated on a real-time basis and is proprietary or licensed to BZdot by our users. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our expressed written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Site without prior expressed written permission of BZdot and the appropriate third party, as applicable; (3) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (4) bypass our robot exclusion headers or other measure we may use to prevent or restrict access to the Site. (5) take images, text, and any other content from the Site for personal or commercial use without the permission of BZdot.   
  • Third Party Features and Links: The BZdot Site and content available through the service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of BZdot, including web Sites, directories, services, networks, systems, information and databases, applications, software, programs, products or services and the Internet as a whole. These Sites or external links are not monitored and are under separate user agreements and privacy policies than BZdot. You agree that BZdot shall not be responsible or liable for any loss or damage of any nature incurred as the result of any such dealings with third parties.
  • Privacy: We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We store and process your information on computers located in the United States that are protected by physical and technological security. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see the [PRIVACY POLICY].

Maintenance

  • Service Maintenance: BZdot is open 24 hours a day 365 days a year but sometimes, do to normal system checks or maintenance without notice, you may experience a time of unavailable service. You agree that you will not hold BZdot responsible for any financial loss or hardship do to routine maintenance. You also agree and understand that in the event of an infrequent act out of our control such as a fire, earthquake, blackout, or any other large scale hindrance, that the BZdot service may experience a period of unavailable service. During this duration, you agree that in no event shall we, our subsidiaries, officers, directors, employees, or our suppliers be liable for lost profits or any special, incidental or consequential damages arising from or in connection with our Site, our services, or this agreement. You also agree that we can amend or change the BZdot Site at anytime without notice of change. These changes may include but are not exclusive to: Site content, images, design, programming, advertising, and shopping cart structure.

User Account

  • User Account Agreement: You are entirely responsible for any and all use of your account and for maintaining the confidentiality of your password. You agree not to use the account, profile, username, or password of another member at any time or to disclose your password to any third party. Furthermore, your BZdot account (including feedback) and User ID may not be transferred or sold to another party. You agree to notify BZdot immediately if you suspect any unauthorized use of your account or access to your password. You also agree to enter correct verifiable information into your account. You must agree to enter this correct information not only for the purpose of sending you money earned, but for general marketing purposes.
  • Identity Verification: BZdot can not and does NOT confirm each user's reported identity. Thus, we have established a user-initiated feedback/rating system to help you evaluate who you are dealing with and their credibility. We also encourage you to communicate directly with sellers and individuals whom you must do business with through tools available on the Site.
  • Information Control: "Your Information" is defined as information you provide to us or other users during registration. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. We do NOT control information provided by other users that is made available through our system. Please practice caution, common sense, and safe practices when using the Site. Please note that there are risks of dealing with underage persons or people acting under false pretense. There may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and BZdot is not responsible for the acts or omissions of users on the Site.
  • Fees: Joining BZdot is free. We do charge fees for listing and purchasing documents through our Site as well as fees for asking a question within the Q&A portion of BZdot. When buying or selling documents, you have an opportunity to review and accept the fees that you will be charged. The current commission rate of 30% is charged on all sales of documents. When asking a question, you also have the opportunity to review and accept the fees that you will be charged. The current commission rate of 30% is charged on all chosen answered questions. When withdrawing money from your BZdot account, you will be charged a fee of $1.50 per withdrawal. If you close your account and your remaining balance is sent to you, you will also be charged a $1.50 fee. BZdot practices a prepayment system of purchasing. Users must prepay in set increments in order to purchase. The current e-commerce transaction fee for prepaying is a flat rate surcharge of $1.00. Other fees and surcharges may apply. Prepaid amounts of money will appear immediately within your BZdot account, but will be seen charged to your credit card within an average of 2-3 business days. We may change our fees from time to time which are effective after we provide you with at least one (1) days notice by posting the changes on the Site. We may choose to temporarily change service fees for promotional events or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site with a valid payment method. If your payment method fails and your account is past due, we may collect fees owed using other collection mechanisms (including charging other payment methods on file or using collection agencies and legal counsel).

 


Restricted Activities

  • Restrictions  I: Your Information (or any Document listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen documents; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, or other computer programming routines that may damage, interfere with, or intercept any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of services that: (aa) are prohibited under this Agreement; (bb) or are concurrently listed for sale on a web Site other than BZdot's; Furthermore, you may NOT list any documents on the Site (or consummate any transaction that was initiated using our service) that, by paying us to list it, could cause us to violate any applicable law, statute, ordinance or regulation, or that violates our current Prohibited, Questionable and Infringing Documents.
  • Restrictions II: BZdot does not allow nude, explicit, provocative, or defamatory pictures to be uploaded within the profile page of the Site or on any other portion of the Site. Strict action will be taken which may result in the removal of your account. BZdot offers a directory which lists businesses and associated links that may be placed on the Site by its members. You are under agreement that links placed within the business directory portion of the Site must be business related. Nude, pornographic, or sexually explicit websites whether business related or not, are prohibited. Links of explicit content will be removed immediately and disciplinary action against the providing party will be taken.

Network

Network Details: Users agree with BZdot NOT to use the BZdot network or any services provided by BZdot or its affiliates to:

  1. Commit Any unlawful acts
  2. Post or "spam" other users on the system with unsolicited advertising or other communications.
  3. Harm the BZdot network or any related systems and infrastructure in any way through any means
  4. Collect or resell data containing other users profile or personal information or any other information on BZdot.
  5. Harass other users or anyone else in any way
  6. Misrepresent themselves in any way through profile postings to BZdot or other users.
  7. Commit any actions considered to be unethical or to abuse the BZdot network.
  8. Attempt to deliberately solicit members to leave the BZdot network in favor of another related or competitive service.
  9. Harm or degrade minors in any way.
  10. Forge headers or otherwise manipulate identifiers including copyright management information in order to disguise the origin of any Content transmitted through the Service
  11. "Stalk" or otherwise harass another user.

 


 Suspension or Termination

  • Disciplinary Actions: BZdot may implement disciplinary actions regarding the use of its network and affiliated services if a violation has occurred. BZdot may, but it not obligated to, enforce these disciplinary measures for the breaching of this agreement. You agree that BZdot may immediately suspend or terminate your BZdot account and all access to BZdot and other services without prior notice. The following will lead to the suspension or termination of your BZdot account: 1) Violation of this User Agreement. 2) Violation of applicable laws. 3) A user's request to have their own profile removed and their account closed.
  • Breach: Without limiting other remedies, we may limit, suspend, or terminate your membership; immediately remove document listings, questions and answers, directory links, and warn our community of your action, if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) we believe that your actions may cause financial loss or legal liability for you, users or us; or (d) or you have engaged (by conviction, settlement, insurance or escrow investigation, or otherwise) in fraudulent activity in connection with the Site.

 


Disputes

  • Release: If you have a dispute with one or more users, you release us, our officers, directors, agents, subsidiaries, joint ventures, and employees, from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
  • Resolution of Disputes: In the event a dispute arises between you and BZdot, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BZdot agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution and we will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation.

(1) Binding Arbitration: For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, you or BZdot may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association or JAMS in accordance with their applicable rules, or any other established ADR provider mutually agreed upon by the parties. Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

(2) Court: Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Los Angeles County, California or where the defendant is located (in our case Los Angeles, California, and in our case your home address or principal place of business). You and BZdot agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California.

(3) Alternative Dispute Resolution: BZdot will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Los Angeles County, California or another location mutually agreed upon by the parties.

(4) Improperly Filed Claims: All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section by the first party to file a Claim. Should either party file an action contrary to this Section, the other party may recover attorney's fees and costs up to $1000, provided that the party seeking the award has notified the other party in writing of the improperly filed Claim, and the other party has failed to withdraw the Claim.

 


Legal Warranties and Liability Limitations  
  • Limitations of Liability: In no event shall we, our subsidiaries, officers, directors, or employees or our suppliers be liable for lost profits or any special, incidental or consequential damages arising from or in connection with our Site, our services or this agreement (however arising, including negligence).Such limitation shall also apply with respect to damages incurred by reason of other serviced or products received through or advertised in connection with the BZdot Site or the service or any links on the BZdot Site, as wells as by reason of any information or advice received through or advertised in connection with the BZdot Site or the service or any links on the BZdot Site. These limitations shall apply to the fullest extent permitted by law. Our liability, and the liability of our subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance, is limited to the greater of (a) the amount of fees you pay to us in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusions or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
  • Disclaimer of Warranties: You agree that use of the BZdot Site and the service is entirely at your own risk. The BZdot Site and the service are provided on an "as is" or "as available" basis, without any warranties of any kind. All express and implied warranties, including, without limitation, the warranties of merchantability, fitness for particular purpose, and non infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, BZdot disclaims any warranties for the security, reliability, timeliness, accuracy, and performance of the BZdot Site. To the fullest extent permitted by law, BZdot disclaims any warranties for other services through or advertised on the BZdot Site or service, or accessed through any links on the BZdot Site. To the fullest extent permitted by law, BZdot disclaims any warranties for viruses or other harmful components in connection with the BZdot Site or the service.
  • Indemnity: You will indemnify and hold BZdot, its officers, directors, agents, subsidiaries, join ventures and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
  • Notices: Except as explicitly stated otherwise, any notices shall be given by postal mail to BZdot Attn: 520 E Carson Plaza Ct. 106b, Carson CA 90746 (in the case of BZdot) or to the e-mail address you provide to BZdot during the registration process (in your case). Notice shall be deemed given 48 hours after the e-mail is sent, unless the sending party is notified that the e-mail address is invalid. Alternatively, we may give you notice by mail to the address provided to BZdot during registration. In such case, notice shall be deemed given three (3) days after the date of mailing.
  • Additional Terms: The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to specific services offered on the Site: (privacy policy HERE) When using particular services on the Site, you agree that you are subject to any posted policies or rules applicable to services you use though the Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

 


Refund Policy

  • Refund Policy: All sales are final. (*See Exceptions Below) Similar to purchasing software from a retail store, once a document is purchased, it cannot be returned. Similarly, once a question has been posted within the Q&A portion of the Site, the questioner must pay and no refund will be given. If you do not choose answer within 1 week, then  BZdot  will choose an answer for you and you will be charged according to the highest scorers' answer. If BZdot reviews the answers given and finds that they do not adequately answer the question, you will not be charged.
  • *Purchases are subject to a refund only under the following conditions: 1) A purchased file is corrupted or damaged and is not useable. 2) A purchased document is found to be in violation of a copyright.  3) 70% of the purchased document is unrelated to the category with which it was placed.

 


Copyright & License

  • Copyright Policy: You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Web Site; your address, telephone number, and email address; a written 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. Knowledge Explorer Group, Inc. Copyright Agent for claims of copyright infringement can be reached as follows: Copyright Agent, Knowledge Explorer Group, Inc. 520 E. Carson PlazaCt. #106B, Carson, CA 90746.
  • License: When you give us content (uploaded documents, posted questions and answers), you agree to grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicly, in any media known now or in the future.

 


Withdrawal

  • Withdrawal Details: The withdrawal policy of BZdot is that no member may withdraw funds from his or her account unless that account reaches or exceeds $10.00. Amounts under $10.00 can NOT be withdrawn from the BZdot Site. In the event that the user decides to unsubscribe from BZdot and close his or her account, the user is entitled to receive the remaining balance in their account even if it does not reach or exceed $10.00. If you live domestically (United States) you will have one of two options to have money sent to you. You can either receive money through an email address (via PayPal) or through the mail. There is a maximum of a three day processing time with an average of a three to four day postal delivery on all withdrawal request with checks sent. You agree that this time is an average and that times may very do to conditions out of the control of our service. A fee of $1.50 will be charged per withdrawal of funds from your user account ONLY if you request a check. It is extremely important that the correct mailing address is given so that withdrawn amounts can be mailed to the correct address. Experbiz is not held liable for incorrect or outdated mailing addresses. To receive withdrawn amounts promptly, please be sure that your account mailing address is up-to-date and accurate. If you receive your withdrawal by Paypal, it is FREE if you have a personal account. There is a three business day maximum processing time at BZdot, with an additional 3-4 business days before the amount will post within your PayPal account.  If you live domestically (United States) and have a business account, we do not charge a fee but PayPal fees will be applied. The fee for receiving domestic payment to a PayPal business account is 2.9% + $0.30 per transaction. If you live internationally, you do NOT have the option to receive a check by mail. Your withdrawal amount will be sent to you through an email address (Via PayPal). To receive funds internationally through PayPal is FREE if you have a personal account. If you have a business account, BZdot does not charge a fee, but PayPal fees will be applied.Canada is 2.9% + $0.55 per transaction.Europe is 3.4%  + 0.35 EUR. Currency exchange rate fees vary by country and are adjusted regularly based on market conditions. BZdot is not responsible for changes and fees in the PayPal rate structure. It is your obligation to check exchange rate fees and fees that PayPal will apply to your business account if you receive funds.  PayPal rates can be viewed at the link below.

http://www.paypal.com/cgi-bin/webscr?cmd=_display-fees-outside

 


Document Posting and Downloading Policies

  • Posting Description: You must be legally able to sell the document(s) or  post the answer(s) you list on the Site. You must describe your document and all terms of sale on the listing page of the Site. Your listings may only include text descriptions, graphics, and other content relevant to the sale of that document. Your document listing must be entered into the correct corresponding category. BZdot reviews your uploaded document/summary in correspondence reserves the right to remove your listing if found to be in violation of one of the following: 1) A posted  document is corrupted or damaged and is not useable. 2) A posted document is found to be in violation of a copyright.  3) 70% more of the posted document is unrelated to the category with which it was placed. After you post your question, answer or document, you are unable to remove or modify them in any way. You may NOT offer the document for sale with another webSite after you have offered it for sale with BZdot.
  •  Download Description: If you purchase a document from BZdot, you will be granted 48 hours to download it to your computer. After 48 hours, you will no longer be able to download the purchased document to your computer.
  • You must also be legally able and of age to post within the BZdot.

 


Q&A, Document

  • Q&A Proper Use: You agree that you will use the Q&A service of BZdot in compliance with all applicable local, state, national, and international laws, rules, and regulations. You also agree that you will not submit questions or answers that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, contain viruses, intended to advertise or sell goods or services, or are otherwise objectionable. The questions or answers you submit and the responses you receive do not form the basis for a professional-client relationship. These responses do not substitute for a credentialed professional. BZdot shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute ("Use") your questions, answers, and/or the corresponding answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights.  By reading this, you understand that BZdot does not edit, screen, filter, modify, or otherwise monitor the content of questions or answers in advance before posting them. In the event that a question or answer is posted violating the user agreement, it will be removed immediately upon notification. BZdot reserves the right to refuse service to anyone at any time without notice for any reason and to remove objectionable or personally identifiable information from any questions or answers.
  • Q&A Details: The Q&A service of BZdot allows the user to ask a question which will be open to be answered for a one month period. After this month is up, if the questioner is not satisfied with the answers, then another month will be added to the time that the question will be open for answering. After the second month has expired there will be a grace period of one week for the questioner to choose an answer. After this 1 week grace period, BZdot will choose an answer and the questioner will be charged according to the highest comment scorers answer regardless of whether it is the least or most expensive. At the end of the second month, if BZdot does not find that any of the answers are relevant to the question, BZdot will not choose an answer and the questioner will NOT be charged. You also agree that under the structure of the Q&A service, the amount that you agreed to pay for the answering of your question will be on hold from your prepaid balance within your account. You understand that this amount can not be used and will be applied to the answer you choose. In the event that after the second month and Experibizs' review of the answers has been completed, if the answers are not found to be adequate, than the hold on the money within the users account will be removed and the questioner will not be charged.
  • Your Q&A listing must be entered into the correct corresponding category. BZdot reviews your uploaded Q&A  in correspondence reserves the right to remove your listing if found to be in violation of one of the following: 1) A posted Q&A is corrupted or damaged and is not useable. 2) A posted Q&A is found to be in violation of a copyright.  3) 70% more of the posted Q&A is unrelated to the category with which it was placed. After you post your question, answer, you are unable to remove or modify them in any way. You may NOT offer the question, answer for sale with another webSite after you have offered it for sale with BZdot.
  • Q&A Account Closure Details: BZdot's Q&A service is intended to provide the questioner answers, with an implied contract of payment to the individuals providing answers. You agree that you can NOT and will NOT close your account after you have asked a question. BZdot will be not refund your money in the event that this takes place. You agree that you will not unsubscribe from your account for any reason until you have chosen an answer and payment has been made.
  • Not Professional Advice. Information provided via the Q&A Services of BZdot is not intended a substitute for professional, tax, legal, investment, accounting, or other professional advice. If you submit a question or comment on a topic, we will assume you are interested in receiving or giving general information rather than professional advice.
  • Confidentiality; Use of Information: BZdot will NOT publicly disclose your questions or answers within the Q&A portion of this Site in a manner that directly associates them with you (except where you include personally identifiable information in a question or comment and such question or comment is Used by BZdot as provided).




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