Find and Book Event Venues

TERMS OF SERVICE - BIZBASH / IMBOOKIN


THE FOLLOWING DESCRIBES THE TERMS WITH WHICH BizBash Media (IMBOOKIN IS A REGISTERED TRADEMARK AND PROPERTY OF BizBash Media) OFFERS YOU ACCESS TO OUR SITE(S) (WWW.BIZBASH.COM and WWW.IMBOOKIN.COM) AND SERVICES.

Welcome to the site operated by BizBash Media. (hereafter referred to as "BizBash," "we," "us," or "our"), a Delaware corporation based in New York, NY. BizBash maintains WWW.BIZBASH.COM and www.imbookin.com (hereafter "Site") as a service to our Users and visitors (our Site and such services, collectively, our "Services"). By using this Site, you agree to comply with and be legally bound by the following terms of use ("Terms"), whether or not you become a registered User of the Services.

If you do not agree to these terms, you have no right to obtain information from or otherwise continue using this Site. Failure to use this Site in accordance with the following Terms may subject you to civil and criminal penalties. We reserve the right to modify these Terms or policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the site shall constitute your consent to any changes.

1. DESCRIPTION OF SERVICES.

BizBash Media ("BizBash") enables internet Users ("Users") to search for, identify, review, buy and sell facilities and services made available by Users through BizBash's services (the "Services") for the purpose of planning or selling events. The Services also enable Users to upload information, create listings, and sell event rental locations ("Locations") and event related services that they would like to make available to other Users. Sellers are able to view, process and manage reservations from buyers. BizBash merely makes available a marketplace for Buyers and Sellers to meet and arrange for the purpose of using event locations and services. Access and use of the Services is subject to these Terms of Service. By using the Services, User agrees to be bound by these Terms of Service.

2. USER RESPONSIBILITIES & GUIDELINES
Our Site is an online resource through which Users find and learn about one another. If Users wish, they can coordinate transactions with one another. We are not involved in the face-to-face contact between Users. We have no control over the conduct of our Users or accuracy of the information they post or communicate on the Site.

a. Identity Validation: We do not confirm any User's identity. You, as a User, are responsible for determining the identity and suitability of others who you may contact. We do not endorse anyone who uses our Services. We do not investigate any User's conduct, morality, criminal background, or verify the information that any User submits to the Site. We encourage direct communication with Users through the tools available on the Site and to review User pages for feedback from other Users.
b. Experience with Other Users: You are solely responsible for your interactions with other Users of our Services. We will not be responsible for any damage or harm resulting from your interactions with other Users of our Services. We reserve the right, but are not obligated, to follow and check interactions between you and other Users of our Services and to take good faith action to restrict access to or the availability of any material that we or another User of our Services may consider objectionable.
c. Release: By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users will be solely a claim against the specific User or Users who caused you damage. You agree not to attempt to impose liability on, or seek any legal remedy from BizBash. You release BizBash from any and all claims, demands, damages (actual, consequential, nominal, punitive, or otherwise), equitable relief, and any other legal, equitable, and administrative remedy, of every kind and nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, past, present, or future, arising out of or in any way connected with your communication or interaction with other Users on the Site or your experience as a User on the site.



3. USER CONDUCT

a. In connection with User's use of the Services and the Site, User shall:

i. provide BizBash with the necessary information to facilitate online communication and transactions, all or part of which shall be used by BizBash to build the User's profile;
ii. upload event related information and assets (ex. Images, videos, floorplans, menus) to the BizBash Website and/or any Affiliate Website using the links provided by BizBash Media, including all applicable policies;
iii. ensure that all information, including, without limitation, provided or uploaded by Userto the BizBash Website and/or any Affiliate Website ("Subscriber Content") is current, complete and accurate and is presented in a clear manner;
iv. be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any content;
v. ensure they have all rights necessary to provide and grant to BizBash herein with respect to the Content;
vi. respond to reservation requests and inquiries pertaining to their event related services within twenty-four (24) hours to avoid cancellation of request;
vii. be solely responsible for all activity occurring under their usage and abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with User's use of the Services and the Site, including those related to data privacy, import/export restrictions, international communications and the transmission of technical or personal data;
viii. except for transaction fees and deposits as otherwise set forth in Section 5 below, User shall be solely responsible for collecting all amounts due from any User with respect to booking or use of a Venue;
ix. immediately notify BizBash of, and use reasonable efforts to immediately stop, any unauthorized use of any user name or password or any other known or suspected breach of security;
x. immediately report to BizBash and use reasonable efforts to immediately stop any copying or distribution of Content that is known or suspected by User; refrain from displaying availability for any date or time that is unavailable ("double-booking" or "over-booking");
xii. send spam or otherwise duplicative or unsolicited messages in violation of applicable laws;
xiii. store or send infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates any third party's privacy rights;
xiv. send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
xv. interfere with or disrupt the integrity or performance of the Services or the data contained therein;
xvi. attempt to gain unauthorized access to the Services, the Site, or any Affiliate Website or any related systems or networks;
xvii. use our Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
xviii. offer any accommodations that you do not yourself own or rent for purposes involving external rental (without limiting the foregoing, you will not list accommodations if you are serving in the capacity of an agent for a third party);
xix. register for a User account on behalf of an individual other than yourself;
xx. impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
use automated scripts to collect information or otherwise interact with the Service or the Site;
xxii. use the site to find a User and then complete the transaction offline in order to circumvent your obligation to pay for the Service;
xxiii. submit any information with a false or misleading price, or submit any information with a price that you do not intend to honor; or
xxiv. advocate, encourage, or assist any third party in doing any of the foregoing.


The foregoing is merely a list of examples of prohibited conduct. BizBash reserves the right to cancel a User account or take other appropriate actions in its sole discretion in response to any inappropriate conduct, or for no reason at all.

a. MINORS MAY NOT USE SERVICES. You must be at least 18 years old to register to use the Services. By registering to use our Services, you represent that you are over 18.
b. PRIVACY. The Privacy Policy of BizBash is available on the Site at and is hereby incorporated by reference. You agree to abide by all terms set forth in the Privacy Policy.This policy may be may be amended and posted from time to time on the BizBash Website.
c. DISPUTES WITH OTHER USERS. You are responsible for all interactions with other Site Users. We have the right to monitor disputes between you and other Users.
d. PRICE HONORING: If your posted offer gets accepted by you and a User, you agree that the price and details of the offer specified on the site will constitute a portion of a binding agreement between you and the User. You further agree not to negatively impact the price or the services within your offer once accepted.



4. CONTENT

a. BizBash Grants User a License. Subject to these Terms of Service, BizBash hereby grants User a non-exclusive, non-transferable license to use the Services solely for User's own internal business purposes. All rights, title and interest in and to the not expressly granted to User are reserved by BizBash and its licensors.

i. Restrictions on License. Except as otherwise expressly provided in these Terms of Service, User shall not: (a) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or any information, data, pictures, or other content made available to User through the Services (the "Content"); (b) modify or make derivative works based upon the Services or the Content; (c) create Internet "links" to the Services or "frame" or "mirror" any Content on any other server or wireless or Internet-based device (provided, however, that User may embed the Services link provided to User by BizBash on User Website); or (d) (i) copy ideas, features, functions or graphics, or (ii) otherwise reverse engineer the Services, BizBash's Website or any Affiliate Website.

b. User Grants BizBash a License. User grants to BizBash and its affiliates a non-exclusive, worldwide, royalty-free, fully paid license to use, copy, modify, create derivative works of, distribute and display User Content in connection with the Services or any other products or Services developed or offered by BizBash or its affiliates and to authorize the affiliates and distribution partners of BizBash to do the same, at BizBash's sole discretion.
c. Content Restrictions. You are solely responsible for any content that you submit, post or transmit via our Services. You may not post or submit any content that:

i. infringes the copyright, trademark, or other intellectual property rights of any person;
ii. contains nudity or sexually explicit content, or can be viewed as obscene; is defamatory; iii. may disparage any ethnic, racial, sexual, religious, or other group by stereotypical depiction or otherwise;
iv. depicts individuals under the age of 18 years;
v. depicts or advocates the use of illicit drugs;
vi. makes use of offensive language or images;
vii. characterizes violence as acceptable, glamorous or desirable; or
viii. provides a link to any other websites.

d. No Obligation to Post Content. We have no obligation or requirement to post any content from you. In addition, we may, in our sole discretion, edit, remove or delete any content that you post or submit.
e. Third Party Content. On using our Services, you may be exposed to content and information from other Users or third parties ("Third-Party Content"), either at our Site or through links to third-party websites. We do not control, and shall have no responsibility for, Third-Party Content, including material that may be unlawful, misleading, incomplete, erroneous, offensive, indecent or otherwise objectionable. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third-Party Content, including without limitation, profiles of other Users of our Services.



5. PAYMENTS AND FEES

a. Payment Logistics. If you find a listing that you are interested in, you will be asked to provide your credit card information and billing address. We will obtain a pre-authorization for the deposit amount of the reservation to ensure that you have the necessary amount of funds available to cover the transaction, but will not charge your card at that time. Alternatively we may charge you $1 to ensure validity of the card. If the Seller who posted the listing accepts your request, your card will be charged the deposit balance posted at checkout at the time of acceptance; if the posting User fails to respond or opts not to accept your offer, any charges will be refunded and the pre-authorization will be released. The funds will be held by BizBash until you arrive; shortly thereafter, BizBash will remit the held funds to the Seller, less BizBash's service charge. Any balance due the seller must be paid in accordance with the Seller's listed policies.
b. Fee Structure. In exchange for providing the Service, BizBash keeps a portion of each transaction. As a buyer, you agree to pay the amount posted by the seller with whom you have chosen to purchase in accordance with their listed policies. As a seller, posting a listing is free, but you agree to pay BizBash its then-current service charge for each reservation. Some optional services or functionality may incur additional fees.
c. Seller Transaction Fees. In addition to any applicable fees, Seller will be charged a transaction fee plus a processing fee for each confirmed reservation that has been initiated by a User online. The percentage fee will be applied to the total cost of the event, as shown in the Site, on the day of the event. BizBash reserves the right to change the percentage of such transaction fee or minimum remittance fee at any time provided that BizBash provides at least thirty (30) days prior written notice to User of such change, and such change will apply only to reservations made by BizBash following the effective date of such notice.
d. Payment Information. User, acting as a seller, agrees to provide BizBash with complete and accurate billing and contact information. This information includes User's name, optionally, User's legal company name, street address, email address, and name and telephone number of an authorized billing contact. User agrees to update this information within ten (10) days of any change to it. If the contact information User has provided is false or fraudulent, BizBash reserves the right to terminate User's access to the Services in addition to any other legal remedies.
e. Cancellation and Refunds. If you cancel your reservation request, BizBash will refund you in accordance with the specified cancellation policy.
f. Donations. Some Users may pledge to donate a portion of the funds they receive to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the User does in fact make the donation they pledged to make.
g. Privacy. Our privacy policy governs the handling, storage, and use of any information you submit to us, including credit card billing information. Please see Section 3 of these Terms for further information on this policy.
h. Taxes. BizBash does not do business as an owner or operator of event related services or locations. Neither does BizBash own, sell, resell, furnish, provide, rent, re-rent, manage and/or control locations. BizBash does not act as an agent for any providers or Users of locations. BizBash merely makes available a marketplace for Buyers and Sellers to meet and arrange for the purpose of using event locations and services. BizBash is not a contracting agent or representative of any involved party (Buyer or Seller). BizBash's role is solely to facilitate the availability of this marketplace for the Buyer and Seller and to provide services related thereto, and any agreement for the use of any accommodations is solely between the consenting parties, and not BizBash. You understand that we are acting solely as an intermediary for the collection of fees between you and your buyers or Users with whom you choose to enter into a transaction. IRS regulation, regarding federal tax reporting requirements, stipulates that BizBash must collect IRS Form W-9 from any business or property owners in the United States that earn more than $600. Because state and local tax laws vary significantly by locality, you understand and agree that you are solely responsible for determining your own tax reporting requirements in consultation with tax advisors. We do not offer tax advice to either hosts or guests.
i. Damages. As a buyer, you are responsible for leaving the property in the condition that it was given to you. In the event that a seller claims otherwise and provides evidence of damage, including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items. After being notified of the claim and given 48 hours to respond, the payment will be taken from the credit card on file. If we are unable to charge the card on file, you will be required to remit payment
j.Changes. BizBash reserves the right to change pricing set forth above, or in any Order, or to introduce new Services which may be charged, at its sole discretion upon notice to User at any time.



6. INTELLECTUAL PROPERTY.

a. Services and Site. BizBash (and its licensors, where applicable) shall retain all right, title, and interest, including all related patent, copyright and other intellectual property rights, in and to the Services and the Site and all software and technology used in connection therewith. Nothing contained in these Terms of Service is intended to convey any rights of ownership in or related to the Services or any technology or intellectual property rights owned by BizBash or its licensors. The BizBash name, the BizBash logo, and the product names associated with the Services are trademarks or Services marks of BizBash or its licensors, and, except as otherwise provided in these Terms of Service, no right or license is granted to use them. If User elects to provide any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by User or any other party relating to the Services by providing feedback via the BizBash Support Center. User hereby grants to BizBash and its affiliates a non-exclusive, worldwide royalty-free, fully paid-up license to use, copy, modify, create derivative works of, distribute and display, and to make, have made, offer for sale, sell and import products and Services based on or using such Feedback, and authorize this to do the same without financial or other obligation to User, including, without limitation, in the development and enhancement of the Services or new or different products and services.
b. Subscriber Content and Other Data. Subject to these Terms of Service and Privacy Policy, User shall retain ownership of all Subscriber Content. Other than the Subscriber Content, all data and information generated or collected in connection with the Services, including all User information, shall be owned exclusively by BizBash. Subject to BizBash's Privacy Policy, BizBash shall have the right to use, market and distribute such data and information as determined by BizBash in its sole discretion. BizBash agrees to provide access to seller's of buyer data as it pertains to reservations at their facilities or their services made through BizBash's services. BizBash's sole responsibility with respect to such User data shall be to collect the data and make it available in accordance with these Terms of Service.



7. MODIFICATION OF SERVICES.
We reserve the right to change, modify, update these Terms or policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. By using this Site, you agree that the posting of new or revised terms and conditions on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued use of the Service after any such changes or after explicitly accepting the new Terms upon logging into the site shall constitute your consent to such changes.


8. LEGAL COMPLIANCE.
You shall use our Services in a manner consistent with any and all applicable local, state, national and international laws and regulations.


9. PROPRIETARY RIGHTS

a. Our Intellectual Property. Material on our Site (with the exception of Third-Party Content) is protected by rights of publicity, copyright, trademark, trade secret, and other proprietary rights and intellectual property laws as applicable. Except as expressly authorized by us, you may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such material. "BizBash" and "WWW.BIZBASH.COM" are trademarks of BizBash protected by federal and state law; you agree not to use such marks for any purpose.
b. Your Use of Our Intellectual Property. You may not systematically retrieve data or other content from our Site to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise. You may not display any portion of our Site in a frame (or any content from our Site) without our prior written consent, which may be requested by contacting us at BizBash.com. You may, however, establish ordinary links to the homepage of our Site without our written permission, and you may make use of embedded HTML "widgets" if we have provided the HTML code.



10. TERMINATION.

a. Termination. Either party may terminate the relationship for any or no reason at any time by notifying the other party. We may deactivate or delete any of your accounts and all related information and files in such accounts and bar your access to any of such files or Services.
b. Effect of Termination. Upon termination we will promptly pay you any fees held in escrow and due to you, less our Fees.



11. USERNAME AND PASSWORD.
You will select a Username and password as part of the registration process. You are solely responsible for the confidentiality and use of your Username and password. You must: (a) log off from your account at the end of each session on our Site; and (b) notify us immediately of any unauthorized use of your Username and password or any other breach of security.


12. REPRESENTATIONS AND WARRANTIES.
(a) Each party represents and warrants that it has the legal power and authority to accept these Terms of Service at their own will and sole risk; (b) if User is accepting these Terms of Service on behalf of a company or entity, User represents that User has the authority to bind the company or entity to these Terms of Service, in which case these Terms of Service "User" or "User's" shall also include such company or entity; (c) by registering, User hereby represents and warrants to BizBash that they are authorized to make and manage reservations at and for any location or service they register; and (d) User represents and warrants that User has not falsely identified itself nor provided any false information to gain access to the Services.


13. DISCLAIMER OF WARRANTIES.

a. BIZBASH, ITS SUCCESSORS, ASSIGNS AND LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT. BizBash, ITS SUCCESSORS, ASSIGNS AND LICENSORS DO NOT REPRESENT OR WARRANT THAT, WITHOUT LIMITATION: (a) THE USE OF THE SERVICES WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (b) THE SERVICES WILL MEET USER'S REQUIREMENTS OR EXPECTATIONS, (c) ANY STORED DATA WILL BE ACCURATE, RELIABLE OR SECURE, (d) THE QUALITY OF ANY PRODUCTS, SERVICESS, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE SERVICES WILL MEET USER'S REQUIREMENTS OR EXPECTATIONS, (e) ERRORS OR DEFECTS WILL BE CORRECTED, OR (f) THE SERVICES OR THE SERVER(S) THAT MAKE THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
b. EXCEPT AS EXPLICITLY SET FORTH HEREIN, THE SERVICES AND ALL CONTENT IS PROVIDED TO USER STRICTLY ON AN "AS IS" BASIS.
c. BIZBASH EXPRESS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY BIZBASH AND ITS LICENSORS.



14. LIMITATION OF LIABILITY.

a. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL BizBash's AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY USER TO BIZBASH IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.
b. UNLESS OTHERWISE PROVIDED BY APPLICABLE LAW, IN NO EVENT SHALL BizBash AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, RElocation, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICES, INCLUDING BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICES, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF BIZBASH OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.



15. INDEMNIFICATION BY USER. User hereby agrees to indemnify, defend and hold harmless BizBash, its directors, officers, employees, contractors, attorneys, agents, licensors, successors and assigns from and against all claims, demands, damages, losses, costs, expenses (including attorneys' fees and costs) and other liabilities arising out of or related to these Terms of Service, including without limitation claims arising from (a) User's use of the BizBash Service, or (b) any claim or action of any User or any other person or entity relating to the buying or selling of services, its availability, non-availability, condition, or any injury or damage that occurs or has been claimed to occur in connection with the location or in connection with any event held or contemplated by to held at any location, and (b) any claim or action for infringement or misappropriation by any third party relating to the Subscriber Content.


16. THIRD PARTY WEBSITES. The Service provides the ability for User's event related services (ex. location rentals and services) to have online reservation capabilities on certain third-party websites, including those of BizBash's current and future partners. BizBash MAKES NO REPRESENTATIONS OR WARRANTIES AND DISCLAIMS ALL LIABILITY RELATING TO THE PORTALS OF THESE THIRD PARTY WEBSITES.

17. INTERRUPTIONS IN SERVICE. The Services provided by BizBash are subject to limitations, delays, and other problems inherent in the use of the Internet and electronic communications. BizBash shall not be responsible for any delays, delivery failures, interruptions in service or any damages of any kind arising as a result of unforeseen software, hardware, network, power, Internet outages and other issues that may cause such interruptions in service.


18. NOTICES. Any notices due pursuant to these Terms of Service must be in writing and may be sent by U.S. mail, nationally recognized overnight delivery company, facsimile or e-mail. Notices shall be deemed to have been received within five (5) business days after mailing if sent by U.S. mail, or upon written confirmation of receipt if sent by overnight delivery, facsimile or e-mail (if e-mail delivery confirmation is not available then the notice shall be deemed to have been received by within three (3) days of transmission). Any notices to BizBash must be sent to the following address: (a) if by U.S. mail or nationally recognized overnight delivery company to BizBash Media, 453 West 17th Street - 4NW, New York, New York 10011.


19. GENERAL TERMS.

a. Assignment. The rights and obligations of User hereunder may not be transferred or assigned by without the prior written consent of BizBash. The rights and obligation of BizBash hereunder may be assigned by BizBash upon written notice to User but without User's prior consent. Any purported assignment in violation of this section shall be void.
b. Governing Law. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of New York, without reference to the choice of law provisions thereof.
c. Location. Any legal action or proceeding arising out of User's use of the Services or anything relating thereto shall be brought in the courts of the State of New York located in New York County, New York, or in the United States District Court for the Southern District of New York, and by accepting the, User hereby consents for himself/herself and in respect of his/her property to the exclusive jurisdiction of the aforesaid courts. Each of the parties hereto hereby irrevocably waives, to the extent permitted by applicable law, any objection, including, but not limited to, any objection to the laying of location or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdictions in respect of the Services or anything relating thereto.
d. Attorneys Fees. If BizBash prevails in any action, at law or equity, it shall be entitled to reimbursement of its reasonable attorneys' fees, expenses and costs incurred to pursue or defend the action.
e. Entire Agreement. These Terms of Service comprise the entire and exclusive statement of the agreement between BizBash and User relating to or arising out of User's use of the Services. These Terms of Service shall prevail notwithstanding any different or inconsistent terms in any ordering or other document issued by User.
f. Waiver. Failure or delay in enforcing any right or term or condition of these Terms of Service shall not be deemed a waiver of such right or term or condition with respect to any subsequent breach or continuance of any existing breach after demand for strict performance.
g. Severability. If any term or condition shall be held by a court of competent jurisdiction to be unenforceable, that term or condition shall be interpreted as broadly as possible to give effect to the intent of the parties, and the remaining terms and conditions of these Terms of Service will remain in full force and effect.



20. MISCELLANEOUS. These Terms contain the entire agreement, and supersede all prior and contemporaneous understandings between the parties. Our failure or delay in exercising any right, power or privilege under these Terms shall not operate as a waiver thereof. The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms, all of which shall remain in full force and effect. We may assign our rights and delegate our obligations under these Terms in whole or part to a third party. Headings of sections are for expediency only and shall not be used to limit or construe such sections.

Please contact us with any questions regarding these Terms.

Your continued use of this Site and registration to use our Services is contingent upon your agreement to be bound by the foregoing Terms of Use.