Last updated: March 06, 2023.
THE TERMS OF THIS END USER LICENSE AGREEMENT ("EULA") SHALL GOVERN YOUR USE OF THE SOFTWARE AND WEB-BASED SERVICES PROVIDED BY BUSINESS WARRIOR ("BUSINESS WARRIOR"), REGARDLESS OF ANY TERMS THAT MAY APPEAR DURING THE INSTALLATION OF THE SOFTWARE, ON OTHER BUSINESS WARRIOR DOCUMENTS, OR ELSEWHERE ON BUSINESS WARRIORS WEBSITE. IN THIS EULA, "YOU" MEANS THE CUSTOMER AND CLIENT AND EACH USER OF THE SOFTWARE.
The Software contains material that is protected by copyright and other applicable intellectual property laws in the U.S. and other territories and by international treaty provisions. The rights granted under the terms of this EULA include any software upgrades that replace and/or supplement the original Software. Business Warrior reserves the right, from time to time, with or without notice to you, to change the terms of this EULA in its sole and absolute discretion. The most current version of this EULA (which can be found at https://businesswarrior.com/terms-of-use/) supersedes all prior versions. Your use of the Software after changes are made to this EULA means that You agree to be bound by such changes. As such, You should review the EULA frequently. You must be 18 years of age, or the age of majority in your state, province, country, or territory to use the Services.
PERMITTED USE AND RESTRICTIONS
Subject to the terms and conditions of this EULA, the Documentation, any other limitations set forth in the Agreement, and to Your payment of all applicable Fees, Business Warrior hereby grants to You (and, if You are a company, any of Your employees and or customers) a non-transferrable, non-exclusive, revocable, limited license to access and use the Software for Your business purposes. Business Warrior reserves the right to limit your usage or require you to upgrade your license if, at any time, your average monthly usage of the Software or Services exceeds Business Warriors expected usage.
The Software and all copies thereof, improvements, modifications, enhancements, derivative works thereof, and all Intellectual Property Rights associated therewith, are and shall remain the sole and exclusive property of Business Warrior and its licensors. You have no ownership rights in any Software. You have a limited license to use the Services as long as this EULA is in effect. Your rights to use the Software shall be limited to those expressly granted in this EULA. No other rights with respect to the Services or any related Intellectual Property Rights are implied. You are not authorized to use or to permit any third party to use the Software except as expressly authorized herein.
You acknowledge and agree that the Software and Services, and all associated Intellectual Property are proprietary and confidential to Business Warrior and/or its licensor and are valuable assets thereof. c. Modification. Business Warrior continuously updates and modifies its Software. Business Warrior may also test certain Software, Services, Features, website features, and other aspects from time to time. Business Warrior reserves the right to include or exclude You from these tests without notice. Business Warrior reserves the right in its sole and absolute discretion to modify the Software any time for any reason or no reason. Business Warrior shall endeavor to notify You of any material modifications to the Software, at the time of such modification, but is under no obligation to do so. Your only recourse, in the event that you are dissatisfied with the modified Software, shall be termination of the Agreement and this EULA.
Termination for Cause.
Business Warrior may terminate this EULA in its entirety effective immediately upon written notice to You if (a) You breach any provision of this EULA and fail to cure such breach within ten (10) days of receiving notice from Business Warrior of such breach; (b) You fail to pay any portion of the Fees due to Business Warrior; (c) You breach any portion of this Agreement; (d) You commit a material breach that is not capable of being cured; or (e) we believe that you are engaged in illegal or improper use of the Services.
Termination for Insolvency.
Business Warrior may terminate this EULA in its entirety effective immediately upon written notice to You if You (a) terminate or suspend your business; (b) become insolvent, admit in writing Your inability to pay Your debts as they mature, make an assignment for the benefit of creditors, or become subject to control of a trustee, receiver or similar authority; or (c) become subject to any bankruptcy or insolvency proceeding.
Effect of Termination.
Upon termination of the EULA for any reason, (a) all rights and licenses granted to You under this EULA shall immediately be terminated and cease to exist; (b) Your account and password shall be deactivated and any further attempt by You to access the Software shall be deemed a material breach of this agreement and copyright infringement; (c) all information, files, and content associated with Your account shall be removed; and (d) You must immediately discontinue all use of the Software, Documentation, Services, and related Intellectual Property and destroy all copies of Software and Documentation.
DISCLAIMER OF WARRANTIES
THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS AND BUSINESS WARRIOR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, WHETHER ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR PROFESSION OR OTHERWISE, WITH RESPECT TO ANY SOFTWARE, DOCUMENTATION, SERVICES, PRODUCTS, TECHNOLOGY, INTELLECTUAL PROPERTY, MATERIALS, OR INFORMATION PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSES. ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE RELIED ON NO REPRESENTATIONS OR WARRANTIES AND THAT NO OTHER REPRESENTATIONS OR WARRANTIES HAVE FORMED THE BASIS OF YOUR BARGAIN HEREUNDER. IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, BUSINESS WARRIOR DISCLAIMS ANY WARRANTIES FOR THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SOFTWARE, DOCUMENTATION, OR SERVICES. YOU UNDERSTAND AND AGREE THAT THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR DATA OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT FROM THE USE OF THE SOFTWARE, DOCUMENTATION, AND SERVICES BY YOU AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL OR DATA. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF ANY DIGITAL CONTENT. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors that violate our terms and conditions, as well as applicable laws wherein the Site resides. Furthermore, commercial endeavors that attempt to replicate, copy or use components of the Site that appear directly to compete with Business Warrior will result in immediate removal from the Site. If such action occurs, Your data may be stored by the Business Warrior for up to ninety (90) days in which the You may request for such data to be transferred to a database of their choice. Fees may apply for such a migration from the Business Warrior to the You.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Make improper use of our support services or submit false reports of abuse or misconduct.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Engage in unauthorized framing of or linking to the Site.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Without written approval from the Business Warrior, engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another user.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Use a buying agent or purchasing agent to make purchases on the Site.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site as part of any effort to compete with us.
Sell or otherwise transfer your profile.
USER GENERATED CONTRIBUTIONS
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (a) providing your Third-Party Account login information through the Site; or (b) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (a) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (b) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, the Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Business Warrior makes no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). Business Warrior will attempt to delete any information stored on our servers that was obtained through such a Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. Business Warrior shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
PROMOTION AND MARKETING
For the purposes of promotion and marketing, You hereby authorizes and consents to the reproduction, disclosure and use by Business Warrior of Your name and identifying logo. You acknowledge and agrees that Business Warrior shall be entitled to determine, in its sole discretion, whether to use such information; that no compensation will be payable by Business Warrior in connection therewith; and that Business Warrior shall have no liability whatsoever to You or any of its employees, officers, directors, affiliates or shareholders in obtaining and using such information as contemplated herein.
The Business Warrior performs annual and quarterly compliance audits to meet standard lending and payment security requirements. If You need additional compliance, security or audit requirements, the Business Warrior will provide a requirements or scope work document in accordance with Exhibit D.
Business Warrior Subcontractors. Business Warrior may subcontract portions of the Site for management as well as Specialized Application or Professional Services to Business Warrior Subcontractors. Third-party vendors that provide content to supplement the Specialized Application (i.e., Third-Party Content) (“Outside Vendors”), which content may, from time to time, be made available to You, are not Business Warrior Subcontractors. All content provided by Outside Vendors is provided on an “AS IS” “WHERE IS” basis by Business Warrior and Business Warrior’s only obligation to You with respect to such content shall be to pass through whatever warranties or rights are provided either directly by the third-party vendor to Customer or indirectly through Business Warrior.
MODIFICATIONS AND INTERRUPTIONS
Business Warrior reserves the right to release new features and product updates to the Site at any time, at its sole discretion and without prior notice to you. Business Warrior has no obligation to update any information on the Site. Business Warrior will not be liable to you or any third party for any modification, price change, or suspension resulting from new features or product updates released by Business Warrior. Notwithstanding the foregoing, Business Warrior will provide commercially reasonable notice to you before discontinuing all or part of the Site, except in cases of emergency, security concerns, or other similar circumstances.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.