Terms of Service

Effective July 1, 2024

General

At BizHatch ('us", "we", "our" or the "Company") we value your privacy and the importance of safeguarding your data. This Privacy Policy (the "Policy") describes our privacy practices for the activities set out below. As per your rights, we inform you how we collect, store, access, and otherwise process information relating to individuals. In this Policy, personal data ("Personal Data") refers to any information that on its own, or in combination with other available information, can identify an individual. By using this website, you consent to the terms described in the most recent version of this Privacy Policy. You should also read our Terms of Use to understand the general rules about your use of this website, and any additional terms that may apply when you access particular services or materials on certain areas of this website.

We are committed to protecting your privacy in accordance with the highest level of privacy regulation. As such, we follow the obligations under the below regulations:

  • Canada's Personal Information Protection and Electronic Documents Act (PIPEDA)and the applicable provincial legislations
  • Quebec Law 25
  • The EU's General Data Protection Regulation (GDPR)
  • Brazil's Data Protection Legislation (LGPD)
  • California's Consumer Privacy Act (CCPA) / California Privacy Rights Act (CPRA) and California Online Privacy Protection Act (CalOPPA)
  • Colorado Privacy Act (CPA)
  • Utah Consumer Privacy Act (UCPA)
  • Connecticut Data Privacy Act (CTDPA)
  • Virginia Consumer Data Protection Act (VCDPA)
  • South Africa's Protection of Personal Information Act (POPIA)
Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site.

Your License to Us

By using our services, you grant us a limited, non-exclusive, non-transferable, and revocable license to use, modify, reproduce, distribute, and display any content you provide to us, solely for the purpose of providing our services to you. You represent and warrant that you have all necessary rights to grant us this license. You acknowledge that we may use your name and logo in our marketing materials and website to identify you as a customer of BizHatch Marketing. All intellectual property rights in our services, website, and any content created by us in connection with our services remain our property. We grant you a limited, non-exclusive, non-transferable, and revocable license to use such content solely in connection with your use of our services. You may not copy, modify, distribute, or create derivative works based on our services or content without our express written permission. Any unauthorized use of our services or content is strictly prohibited and may result in termination of your account and legal action.

You acknowledge and agree that any contributions originally created by you for us shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the Copyright Law of the United States, as amended. As such, the copyrights in those works shall belong to BizHatch from their creation. Thus, BizHatch shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as BizHatch determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to BizHatch all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.

Are Cookies or Other Technologies Used to Collect Personal Data?

Yes, we may use cookies and related technologies, such as web beacons, to collect information on our web site. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you. One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the web server that you have returned to a specific page. For example, if you register with us, a cookie helps BizHatch Marketing to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same BizHatch Marketing website, the information you previously provided can be retrieved, so you can easily use the features that you customized. A web beacon is a small graphic image that allows the party that set the web beacon to monitor and collect certain information about the viewer of the web page, web-based document or e-mail message, such as the type of browser requesting the web beacon, the IP address of the computer that the web beacon is sent to and the time the web beacon was viewed. Web beacons can be very small and invisible to the user, but, in general, any electronic image viewed as part of a web page or e-mail, including HTML based content, can act as a web beacon. We may use web beacons to count visitors to the web pages on the web site or to monitor how our users navigate the web site, and we may include web beacons in e-mail messages in order to count how many messages sent were actually opened, acted upon or forwarded.

Third party vendors also may use cookies on our web site. For instance, we may contract with third parties who will use cookies on our web site to track and analyze anonymous usage and volume statistical information from our visitors and members. Such information is shared externally only on an anonymous, aggregated basis. These third parties use persistent cookies to help us to improve the visitor experience, to manage our site content, and to track visitor behavior. We may also contract with a third party to send e-mail to our registered clients and users.

To help measure and improve the effectiveness of our e-mail communications, the third party sets cookies. All data collected by this third party on behalf of BizHatch Marketing is used solely by or on behalf of BizHatch Marketing and is shared externally only on an anonymous, aggregated basis. This Privacy Policy does not cover the use of information collected from you by third party ad servers. We do not control cookies in such third party ads, and you should check the privacy policies of those advertisers and/or ad services to learn about their use of cookies and other technology before linking to an ad. We will not share your personal information with these companies, but these companies may use information about your visits to this and other web sites in order to provide advertisements on this site and other sites about goods and services that may be of interest to you, and they may share your personal information that you provide to them with others.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the BizHatch Marketing websites you visit.

Payment and Fees

Payments for our services will be requested via invoices sent to you every month, along with any performance bonus, expenses to be reimbursed, or any other means of funds used to provide our services. The client will be responsible for making payments within 15 days of receiving the invoice.

We require a valid credit card or ACH information on file with our payment processor to auto-charge you for the payment due. You will be notified of any failed payment attempts and we reserve the right to suspend or terminate your account if payment is not received within 30 days of the invoice date. A late fee of 2% will be assessed per month per each late invoice.

Any disputes regarding payments or invoices must be brought to our attention within 15 days of receipt of the invoice. Failure to do so will be considered an acknowledgment of the invoice's accuracy and the amount due.

Termination

We may terminate your access to our website and services at any time for any reason. You may also terminate your account at any time by contacting us. Upon termination, you will no longer have access to any data or content associated with your account.

Disclaimer of Warranties

We make no representations or warranties of any kind, express or implied, as to the operation of our website or services or the information, content, materials, or products included on our website or services. You use our website and services at your own risk.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective authors or distributors, and not BizHatch. Neither BizHatch nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, BizHatch neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized BizHatch representative while acting in his/her official capacity.

Limitation of Liabilities

In no event will BizHatch Marketing or its affiliates, officers, directors, employees, agents, or licensors be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use of our website or services, even if we have been advised of the possibility of such damages.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

NONE OF THE INFORMATION PROVIDED BY US IS INTENDED AS INVESTMENT, TAX, ACCOUNTING OR LEGAL ADVICE, AS AN OFFER OR SOLICITATION OF AN OFFER TO BUY OR SELL, OR AS AN ENDORSEMENT, RECOMMENDATION OR SPONSORSHIP OF ANY COMPANY, SECURITY, OR FUND.WE DO NOT OFFER OR PROVIDE TAX, LEGAL OR INVESTMENT ADVICE AND YOU ARE RESPONSIBLE FOR CONSULTING TAX, LEGAL, OR FINANCIAL PROFESSIONALS BEFORE ACTING ON ANY INFORMATION PROVIDED BY US. THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.YOU acknowledge and agree that no representation has been made by BizHatch OR ITS AFFILIATES and relied upon as to the future income, expenses, sales volume or potential profitability that may be derived from the participation in these services.

Indemnification

You agree at all times to defend, indemnify and hold harmless BizHatch, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Copyright ("DMCA")

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by BizHatch infringe your copyright, you, or your agent may send to BizHatch a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon BizHatch actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to BizHatch a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details. BizHatch Copyright Agent for notice of claims of copyright infringement or counter notices can be reached as follows: info@biz-hatch.com

This Agreement shall be binding upon and inure to the benefit of BizHatch and our respective assigns, successors, heirs, and legal representatives. Neither this Agreement nor any rights hereunder may be assigned without the prior written consent of BizHatch. Notwithstanding the foregoing, all rights and obligations under this Agreement may be freely assigned by BizHatch to any affiliated entity or any of its wholly owned subsidiaries. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Virginia and any dispute shall be subject to binding arbitration in ­­­Fairfax, Virginia, United States. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Changes to these Terms

We may update these Terms from time to time by posting a revised version on our website. Your continued use of our website and services after any such changes constitutes your acceptance of the new Terms of Service. Please check this page periodically for updates. If you have any questions or concerns, please contact us at info@biz-hatch.com