Welcome to BizCapitalRules.com!

Thanks for using our products and services (“Services”). The Services are provided by REEL Time Management Services, LLC d/b/a BizCapitalRules (“bizcapitalrules.com”), located at 4238 E. Terrace Creek Circle, Houston, Texas 77014 United States.

These Terms of Use were last modified on July 30, 2021.

These Terms are a binding legal agreement between you (“Recipient” or “you”) and BizCapitalRules.com. By using or accessing the website, you accept and agree to be bound by these Terms. Your use of our Services is also subject to our Privacy Policy, which covers how we collect, use, share, and store your personal information. If you do not agree to our Terms of Use and Privacy Policy, then do not access or otherwise use our Services.

Your use of Website is governed by the version of the Terms of Use in effect on the date the Website is accessed by you. BizCapitalRules.com may modify these Terms of Use at any time and without prior notice. You should review the most current version of these Terms of Use by visiting the Website and clicking on the Terms of Use hyperlink. These Terms of Use are in addition to any other agreements between you and BizCapitalRules.com, including any customer or account agreements, and any other agreements that govern your use of information, content, tools, products and services available on and through the Website. Please read these Terms of Use carefully.

Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if you use those Services.

Confidentiality of Intellectual Property

Your access to our Services requires that you acknowledge the terms and conditions set forth under the sub-headings hereunder shall apply to your access and use of our Services.

Using our Services

You must follow any policies made available to you within the Services including all instructions provided on the Website.

Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. Do not use the Website in any manner that could damage or overburden any Website server, or any network connected to any Website server. Do not use the Website in any manner that would interfere with any other party’s use of the Website. You should not access the Website through devices or services designed to provide high-speed, automated, repeat access, unless such devices are specifically approved in writing by BizCapitalRules.com. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our Terms of Use, policies or other instructions, and if we are investigating suspected misconduct.

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

BizCapitalRules.com may from time to time suspend temporarily the Services and access to the Website to perform regularly scheduled maintenance and/or updates. BizCapitalRules.com will take commercially reasonable efforts to limit the suspensions of the Services and when possible, provide advanced notice of such scheduled maintenance. BizCapitalRules.com reserves the right to suspend Services to provide necessary maintenance without prior notice.

Your BizCapitalRules.com Account

In order to utilize the Website, you will need a BizCapitalRules.com Account. You may create your own IT Account by following the registration instructions on the Website and providing the required information. You shall provide accurate registration information and agree to update the registration information when such information changes.

By creating a BizCapitalRules.com Account for a business or legal entity, you certify that you are authorized by that business or legal entity to fully bind that business or legal entity to these Terms of Use and any other commercial transactions undertaken utilizing your BizCapitalRules.com Account.

You may not provide any third-party access to your BizCapitalRules.com Account or provide such third-party access to the Services.

BizCapitalRules.com expressly reserves the right to deny anyone, whether individual, business, or legal entity, a BizCapitalRules.com Account and/or access to the Website for any reason without providing justification.

To protect your BizCapitalRules.com Account, you should take steps to keep your password confidential and ensure the security of your password, devices, methods and other security data. You are responsible for the activity that happens on or through your BizCapitalRules.com Account, including but not limited to, all instructions or uses of any data, information, or Services obtained using your password. BizCapitalRules.com shall not be under any duty to inquire as to the authority or propriety of any instructions or orders given to BizCapitalRules.com by you or via your password and shall be entitled to act upon such. Try not to reuse your BizCapitalRules.com Account password on third-party applications. If you learn of any unauthorized use of your password or BizCapitalRules.com Account notify BizCapitalRules.com immediately. You agree to cooperate with BizCapitalRules.com in any investigation and to take corrective measures to protect your account from fraudulent activities.

Services Purchased, Fees and Payments

The specific financial terms for purchase of any Services will be provided from the Website and are considered part of these Terms of Use. You must make all payments with a valid credit card, bank transfer, or other payment method specifically authorized by BizCapitalRules.com. Failure to make timely payments as required my result in immediate suspension and/or termination of your access and your BizCapitalRules.com Account. All purchases of Services are final and on an “as is” basis, not subject to refunds or set asides. Solely at BizCapitalRules.com’ discretion accommodations, including refunds, may be made, but BizCapitalRules.com expressly reserves the right to terminate any user or BizCapitalRules.com Account provided such accommodations and to prevent future access.

Privacy, Copyright Protection, and Trademarks

BizCapitalRules.com’s privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that BizCapitalRules.com can use such data in accordance with our privacy policies.

The Website is protected by applicable copyright laws. Accordingly, you may not copy, distribute, modify, post or frame-in the website, including any text, graphics, video, audio, software code, user interface design or logos.

All trademarks and service marks on the Website belong to REEL Time Management Services, LLC d/b/a BizCapitalRules, and through license agreements are exclusively utilized by BizCapitalRules.com, except for third-party trademarks and service marks, which are the property of their respective owners.

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. You may not use content from our Services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our Services. Don’t remove, obscure, or alter any legal notices displayed in or along with our Services.

Unless you and BizCapitalRules.com have agreed otherwise, links from another web site to the Website must resolve to the top-level homepage of the Website. In order to avoid confusion if you do link from another web site to the Website, your web site, and the link itself, may not suggest that BizCapitalRules.com endorses, sponsors or is affiliated with any non-BizCapitalRules.com web site, entity, service or product, and may not make use of any BizCapitalRules.com trademarks or service marks other than those contained within the text of the link.

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide BizCapitalRules.com with the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
2. A description of the copyrighted work that you claim has been infringed, or, if multiple copyrighted works are the subject of a single notice, a representative list of such works;
3. An identification of the allegedly infringing material, and a description of where that material is located on the Website;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that use of the disputed material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement by you, made under penalty of perjury, that the information you provide in your notice is accurate and that you are the owner of the allegedly infringed copyright, or that you are authorized to act on behalf of the copyright owner.

Third Party Content

Our Services display some content that is not BizCapitalRules.com’, but instead is supplied by third parties. This content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display content that we reasonably believe violates our policies or the law. But BizCapitalRules.com’ expressly declines to take responsibility or obligation to review third party content. Third party content may be protected by copyright pursuant to United States laws and/or international treaties and is owned or licensed by the third-party content providers. BizCapitalRules.com is not involved in the preparation of third-party content, such as advertisements, and does not explicitly or implicitly endorse or approve of the third-party content or any products and/or services offered therein. BizCapitalRules.com is not responsible or liable for any third-party content and does not guarantee the accuracy, timeliness, completeness or usefulness of the content, or any goods or services mentioned therein.  BizCapitalRules.com does not market, wholesale, aggregate, discount or underwrite securities of any kind, nor does BizCapitalRules.com provide advice to others regarding the suitability of investments, tax advice, accounting advice or legal advice of any kind.

Your Content in our Services

Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.

When you upload, submit, store, send or receive content to or through our Services, you give BizCapitalRules.com (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content without notice, compensation or your further permission or approval of any kind. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. Some Services may offer you ways to access and remove content that has been provided to that Service. Also, in some of our Services, there are terms or settings that narrow the scope of our use of the content submitted in those Services. Make sure you have the necessary rights to grant us this license for any content that you submit to our Services.

Our automated systems may analyze your content (including emails) to provide you personally relevant product features, such as tailored advertising. This analysis occurs as the content is sent, received, and when it is stored.

If you have a BizCapitalRules.com Account, we may display your Profile name, Profile photo, and actions you take on BizCapitalRules.com or on third-party applications connected to your BizCapitalRules.com Account in our Services, including displaying in ads and other commercial contexts.

You can find more information about how BizCapitalRules.com uses and stores content in the privacy policy or additional terms for particular Services. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

About Software in our Services

When a Service requires or includes downloadable software, this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

BizCapitalRules.com gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by BizCapitalRules.com as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by BizCapitalRules.com on the Website and in the manner permitted by these Terms of Use. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions, or you have our written permission.

Modifying and Terminating our Services

BizCapitalRules.com may discontinue or modify the Website at any time without prior notice to you. In fact, it is our intent to regularly modify the Services provided on the Website. Additionally, BizCapitalRules.com may add or remove functionalities or features, and we may suspend or stop a Service altogether at any time. You accept any modifications if you continue to use the Website.

BizCapitalRules.com may terminate your access to the Website for any reason or add or create new limits to your use of our Services without prior notice. You can stop using our Services at any time, although we will be sorry to see you go.

We believe that you own your data and preserving your access to such data is important. If we discontinue a Service, where reasonably possible, we will give you reasonable advance notice and a chance to get information out of that Service.

 DISCLAIMER OF WARRANTIES

We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services.

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OR ADDITIONAL TERMS, NEITHER BIZCAPITALRULES.COM NOR ITS SUPPLIERS OR DISTRIBUTORS MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES ABOUT THE WEBSITE OR OUR SERVICES. WE MAKE NO COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE’ AND BIZCAPITALRULES.COM DOES NOT WARRANT THAT ANY DEFECTS OR INACCURACIES WILL BE CORRECTED.

BIZCAPITALRULES.COM DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR NEEDS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. BIZCAPITALRULES.COM ALSO MAKES NO WARRANTY THAT THE RESULTS OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS.

SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

LIMITATIONS ON LIABILITY

WHEN PERMITTED BY LAW, BIZCAPITALRULES.COM, IT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, DIRECT, OR INDIRECT DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, REVENUES, DATA LOSSES, INCONVEINIENCE, DELAY, FINANCIAL LOSSES OR ANY OTHER DAMAGES THAT RESULT FROM USE OR LOSS OF USE OF THE WEBSITE AND THIRD-PARTY CONTENT) RAINMAKER ANALYTICAL IS NOT RESPONSIBLE FOR ANY EXEMPLARY OR PUNITIVE DAMAGES. THE LIMITATIONS OF LIABILITY IN THIS PROVISION REMAINS TRUE EVEN IF BIZCAPITALRULES.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.

BIZCAPITALRULES.COM WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS RESULTING FROM A CAUSE OVER WHICH SUCH BIZCAPITALRULES.COM DOES NOT HAVE DIRECT CONTROL.  THIS INCLUDES FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT OR COMMUNICATIONS LINES (INCLUDING TELEPHONE, CABLE AND INTERNET), UNAUTHORIZED ACCESS, VIRUSES, THEFT, OPERATOR ERRORS, SEVERE OR EXTRAORDINARY WEATHER (INCLUDING FLOOD, EARTHQUAKE, OR OTHER ACT OF GOD), FIRE, WAR, INSURRECTION, TERRORIST ACT, RIOT, LABOR DISPUTE AND OTHER LABOR PROBLEMS, ACCIDENT, EMERGENCY OR ACTION OF GOVERNMENT.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF BIZCAPITALRULES.COM, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN).

IN ALL CASES, BIZCAPITALRULES.COM AND ITS SUPPLIERS AND DISTRIBUTORS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.

Indemnification

As a condition of your use of the Website, you agree to indemnify and hold BizCapitalRules.com and its third-party content providers harmless from and against any and all claims, losses, liability, costs and expenses (including but not limited to attorneys’ fees) arising from your use of the Website, or from your violation of these Terms of Use.

Other Terms

Waiver

The failure of Discloser to seek redress for violations of, or to insist upon a strict performance of any of the agreements, terms, covenants, promises and/or conditions contained herein shall not be deemed a waiver of any rights or remedies that Discloser may have and shall not be deemed a waiver of any other or subsequent breach, default, term, covenant, promise or condition (whether or not similar), nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

Inurement

The provisions of this Agreement shall inure to the benefit of and shall be binding upon the parties hereto and their respective successors in interest, permitted assigns, personal representatives, estates, heirs, legatees of each of the parties hereto.  Nothing expressed or implied in this Agreement is intended, or shall be construed, to confer upon or give any other person any rights or remedies under or by reason of this Agreement, other than the parties hereto and their successors and permitted assigns.

Severability

The invalidity of any one or more of the words, phrases, sentences, clauses, sections or subsections contained in this Agreement shall not affect the enforceability of the remaining portions of the Agreement or any part hereof, all of which are inserted conditionally on their being valid in law, and, in the event that any one or more of the words, phrases, sentences, clauses, sections or subsections contained in this Agreement shall be declared invalid, this Agreement shall be construed as if such invalid word or words, phrase or phrases, sentence or sentences, clause or clauses, section or sections or subsection or subsections had not been inserted. If any court determines that any provision of this Agreement is unenforceable because of the duration or scope of such provision, the parties agree that such court shall have the power to reduce the scope or duration of such provision, as the case may be, and in its reduced form, such provision shall then be enforceable.

Survival

All provisions, representations, warranties, promises, covenants and agreements of this Agreement which by their terms or nature extend beyond termination of the Agreement shall survive the termination of this Agreement and shall be deemed to be construed to be continuing warranties, representations, covenants, promises and agreements, which shall survive the termination of this Agreement.

Force Majeure

In the event that either party shall be delayed or hindered in or prevented from doing or performing any act or thing required hereunder by reason of strikes, lock-outs, casualties, Acts of God, labor troubles, inability to procure materials, failure of power, governmental laws or regulations, riots, insurrection, war, civil insurrection, terrorist attack, severe weather conditions or other causes beyond the reasonable control of the parties, then the party delayed, hindered or prevented shall not be liable or responsible for any such delays and the doing or performing of such act or thing shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.

Consultation With Counsel; Voluntary Execution

Each of the Parties has had the opportunity to consult with counsel of its own choosing and has either discussed with such counsel the provisions of this Agreement or has freely and voluntarily elected not to discuss such provisions with counsel. Each of the Parties has executed this Agreement voluntarily and with full knowledge of their significance and without any coercion or duress from the other Party or such other Party’s counsel.  

Execution and Delivery of Agreement

A facsimile, telecopy, electronic (PDF) or other form of reproduction of this Agreement may be executed by one or more of the Parties, and an executed copy of this Agreement may be delivered by one or more of the Parties by facsimile or similar instantaneous electronic transmission device pursuant to which the signature of or on behalf of such Party can be seen, and such execution and delivery shall be considered valid, binding and effective for all purposes.  At the request of any Party hereto, all Parties agree to execute an original of this Agreement as well as any facsimile, telecopy or other reproduction hereof.

Recording

This Agreement shall not be recorded in the public records without the prior written approval of the Discloser.

Governing Law and Venue

THIS AGREEMENT AND THE TRANSACTION DOCUMENTS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAW. IN ANY DISPUTE ARISING HEREUNDER OR IN CONNECTION WITH THIS AGREEMENT THE PARTIES AGREE TO SUBMIT TO IN PERSONUM JURISDICTION OF THE TEXAS STATE COURT LOCATED IN HARRIS COUNTY.

The Terms of Use shall inure to the benefit of BizCapitalRules.com and its successors and assigns, whether by merger, consolidation, or otherwise.  Please contact us at [email protected] if you have any questions or concerns.