READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OLYMPIC BIZ SERVICE. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN OLYMPIC BIZ AND YOU, INCLUDING ANY OLYMPIC BIZ CUSTOMER, COLLABORATING ENTERPRISE, USER, OR WEBSITE VISITOR, (collectively referred to herein as the “Customer”).
Terms of Service
These Terms of Service form part of an agreement (this/the “Agreement”) between Olympic Biz, and the Customer. This Agreement governs provision of Olympic Biz’s services (the “Service”) and is effective as of the moment the Customer indicates agreement on the ogibiz.com website, or as of the moment the Customer uses any Olympic Biz service or usage of the ogibiz.com website (whichever comes first).
1. The Service
A. Olympic Biz connects ultimate consumers and collaborating enterprises. Olympic Biz offers three distinct plans which the Customer agrees on upon registration.
(1) Mandatory payment from collaborating enterprises (shops, companies and organizations) in a yearly basis to Olympic Biz.
(2) Mandatory payment from ultimate consumers in a monthly basis to Olympic Biz.
(3) Compensation plan which is on a voluntary basis and exists solely on the World Wide Web. Compensation plan is available to ultimate consumers only.
B. Olympic Biz will provide the Service pursuant to this Agreement. The Customer agrees that the Service is for business use as well as for consumers, and the Customer hereby affirms that it is not an individual less than 18 years old.
C. The Service will include such optional features (“Optional Features”) as are reflected in any Olympic Biz quote accepted by the
Customer and any other ordering records maintained by Olympic Biz (collectively, the Customer’s “Signup”). Optional Features may include:
(1) Consulting or other professional services provided by Olympic Biz’s staff (including without limitation to independent contractors operating under the Olympic Biz name); and
(2) Software and other products and services the Customer acquires through Olympic Biz’s online application, provided such product or service is specifically designated “Provided Directly by Olympic Biz.” Optional Features are subject to the same terms and conditions as other elements of the Service, including without limitation to the disclaimers and limitations of liability in Section 8 below, except as specifically set forth in this Agreement. Optional Features are also subject to the terms and conditions of any statement of work executed by authorized representatives of Customer and Olympic Biz.
D. The Service does not include any software, consulting service, or other product or service not provided by Olympic Biz (collectively, “Third Party Products and Services”). Third Party Products and Services include, without limitation to:
(1) Any third party consulting services that assists the Customer in utilizing the Service or otherwise related to the Service, including such services provided by third parties which Olympic Biz has referred to the Customer; and
(2) Any and all software and other products and services the Customer acquires through Olympic Biz Exchange, unless such product or service is specifically designated “Provided Directly by Olympic Biz.”
E. THIRD PARTY PRODUCTS AND SERVICES ARE NOT PART OF THE SERVICE, AND THE CUSTOMER ACQUIRES THEM DIRECTLY FROM THE THIRD PARTY PROVIDER PURSUANT TO SUCH A CONTRACT AS THE CUSTOMER AND THE THIRD PARTY PROVIDER MAY EXECUTE.
F. OLYMPIC BIZ IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY PRODUCTS AND SERVICES, EVEN IF OLYMPIC BIZ RECOMMENDS THE THIRD PARTY PROVIDER, EVEN IF THE THIRD PARTY PRODUCTS AND SERVICES ARE RELATED TO THE SERVICE OR TO THE CUSTOMER’S ABILITY TO RECEIVE OR EXPLOIT THE SERVICE, AND EVEN IF OLYMPIC BIZ ACTS AS THE THIRD PARTY PROVIDER’S AGENT IN DELIVERING THE THIRD PARTY PRODUCT OR SERVICE, IN COLLECTING PAYMENT, OR IN OTHER WAYS WITHOUT LIMITING THE GENERALITY OF THE FOREGOING.
G. OLYMPIC BIZ WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR MAINTENANCE, UPDATES, OR UPGRADES OF THIRD PARTY PRODUCTS AND SERVICES OR FOR INTELLECTUAL PROPERTY INFRINGEMENT BY THIRD PARTY PRODUCTS AND SERVICES, AND OLYMPIC BIZ PROVIDES NO WARRANTY OR INDEMNITY RELATED TO THIRD PARTY PRODUCTS AND SERVICES.
H. So long as Customer remains in compliance with the terms of this Agreement, Olympic Biz grants the Customer a license to reproduce and use, during the term of this Agreement, such application program interface (“API”) methods as Olympic Biz may provide through the Service. The license in the preceding sentence is contingent upon the following: Customer will not reproduce or use the API methods for any purpose other than to receive the Service, and Customer will observe all Olympic Biz’s written instructions for use of the API methods. Customer may not sublicense the rights granted in this Subsection 1(H). Olympic Biz retains all titles and interest in and to the API methods, and the Customer receives no rights other than those specifically granted in this Subsection 1(H).
2. Payment Plans & Terms
A. Olympic Biz payment system is in US$
B. Collaborating enterprises (shops, companies and organizations) cooperate and pay their subscription to Olympic Biz in a yearly basis.
C. Ultimate consumers cooperate and pay their subscription to Olympic Biz in a monthly basis.
D. Compensation plan posted at paragraph 11. Compensation Plan
E. Customer agrees that all payments to Olympic Biz are final and that Olympic Biz has a strict 3 days refund policy.
F. It is Customers responsibility to make sure their payment system accounts IDs are accurate and up-to-date. Olympic Biz is not responsible for any missed payments due to inaccurate information or the upkeep of Customers payment system accounts.
G. It is Customers responsibility to check their payment system accounts to be sure they actually received all payments that they should have received.
H. In the event of a disagreement between two Customers regarding payments, it is the responsibility of the Customers involved to resolve the disagreement. The Olympic Biz managers hold no responsibility at all in such scenarios.
I. Olympic Biz does not guarantee the income of any person or entity participating in its program. Incomes earned will be in direct proportion to the time and effort put forth. Members may share their personal income information as a form of â€œpersonal testimonyâ€ but are not permitted to share personal income that they may be privy to of any other Olympic Biz member. Olympic Biz does not guarantee the accuracy of information supplied by way of a â€œpersonal testimonyâ€ of any of its participants.
3. Country, State, Provincial and or Territorial Laws
Member shall comply with all laws, rules, and regulations applicable to Memberâ€™s country of residence. Member acknowledges that Member may only participate in the Olympic Biz program if and to the extent that such participation is permitted by such laws, rules, and regulations of their specific country of residence. Members are responsible for reporting any and all income earned to their applicable income tax authorities earned as a result of their participation in Olympic Biz. Olympic Biz does not deduct taxes on income earned by Customers; however Olympic Biz will provide all income information and will fully cooperate with all Governmental Regulators upon their request regarding incomes earned by any individual person and/or entity participating in the olympicbiz.com program.
4. Terms and Termination
A. This Agreement will continue until terminated by either party pursuant to the procedures set forth in this Section 3.
B. Customer may terminate this Agreement for material breach, effective on 30 days’ written notice specifying the nature of the breach, provided this Agreement will not terminate if Olympic Biz cures the breach before the effective date of termination. Customer may also terminate this Agreement for convenience. Customer will provide notice of any termination through the online cancellation form in the Customer Portal.
C. Olympic Biz may terminate the Service, any portion thereof, or this Agreement for material breach, including without limitation any breach of the provisions of the AUP, without advanced notice. Olympic Biz is not required to refund any fees paid or prepaid after such termination. Olympic Biz may also terminate this Agreement for convenience at any time. Olympic Biz will provide 30 days’ advanced written notice of any termination for convenience.
D. No customer is allowed to sell, switch, or exchange down line groups at any time.
5. Acceptable Use Policy (AUP)
Customer represents that it has read the AUP, and Customer will adhere to its requirements.
A. Without limiting the generality of the foregoing, Customer will not allow the Service to be used for activities prohibited by the AUP. Third party violations of the AUP using Customer’s Service, including, points of access to the Internet, systems or software, will be considered violations by Customer.
B. Notwithstanding any provision to the contrary in this Agreement, and without limiting any of Olympic Biz’s rights or remedies, Olympic Biz may suspend Service in whole or in part in the event that Olympic Biz reasonably suspects an AUP violation. Reasonable suspicion pursuant to the preceding sentence includes, without limitation, a third party notice or claim that Customer’s use of the Service infringes on third party rights. Olympic Biz will make reasonable efforts to notify Customer before any such suspension, unless the AUP violation calls for immediate action to prevent injury or liability, in Olympic Biz’s opinion and at its sole discretion. Suspension pursuant to this Subsection 4(a)(ii) may continue so long as Olympic Biz reasonably suspects an AUP violation. Olympic Biz is not liable for any Service suspension authorized by this Subsection 4(B), or for any related loss, even if the suspected AUP violation did not occur.
C. Olympic Biz has no obligation to monitor the Service for AUP violations or for other illegal or improper conduct but may do so and may disclose information regarding use of the Service for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate the Service properly; and to protect itself and its customers.
D. Use of unofficial material not provided by Olympic Biz, must first be submitted to Olympic Biz and written consent must be obtained with an Olympic Biz Compliance Watermark.
E. Before inviting any shop, company or organization an initial verbal communication must first be established.
F. Olympic Biz does not condone the use of spamming.
6. Maintenance & Security
A. Olympic Biz may interrupt Service to perform maintenance on Olympic Biz equipment or to address and/or mitigate the effects of security breaches, virus attacks, denial of service attacks, and other intentional interferences by third parties. Olympic Biz will exercise reasonable efforts to inform the Customer before interrupting Service and to repair the Service promptly.
B. The Customer will promptly report any Service failure to Olympic Biz via the online ticketing system in the customer Portal.
C. Olympic Biz is not responsible for providing physical access or copies of software, data, or content stored on Olympic Bizâ€™s equipment under any circumstances and are not required to provide access:
(1) After any termination or suspension of the Customer’s Service or
(2) In the event of hardware failure, abuse by hackers or other third parties, improper administration by the Customer, or other interruption of network access.
7. Copyright – Trademark
A. Olympic Bizâ€™s site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion, and other matters related to the site are protected under applicable copyright laws, ALL RIGHTS RESERVED. Customers do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without Olympic Biz’s prior written permission.
B. Olympic Biz, the Olympic Biz logo, and all product names, company names, and all other trademarks and logos, unless otherwise noted, are trademarks. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.
8. Private and Confidential Information
B. The Customer will not use Confidential Information (as defined below) for any purpose other than to facilitate the Service. Except as specifically authorized in writing in advance by Olympic Biz, the Customer will not disclose Confidential Information to any third party, and will prevent any such disclosure of Confidential Information in the Customer’s possession or control. Without limiting the generality of the foregoing, the Customer will take reasonable precautions to protect Confidential Information and will not disclose Confidential Information to any of its employees or contractors who do not need to know. Notwithstanding the foregoing, the Customer may disclose Confidential Information as required by applicable law or by proper legal or governmental authority; provided the Customer gives Olympic Biz advanced notice reasonably sufficient to allow Olympic Biz to seek a protective order or otherwise to contest such required disclosure, and reasonably cooperates in such effort. The Customer will promptly notify Olympic Biz in writing of any misuse or misappropriation of Confidential Information that comes to the Customer’s attention and will cooperate with Olympic Biz in investigating any such misappropriation and in mitigating any damages caused. Upon termination of this Agreement or upon Olympic Bizâ€™s written request, the Customer will return all Confidential Information to Olympic Biz and certify, in writing, the destruction of any copies thereof.
(1) “Confidential Information” refers to any information Olympic Biz provides to the Customer in any form and marks “Confidential,” and any information Olympic Biz discloses orally and identifies as “Confidential” on or before disclosure. However, Confidential Information does not include information that:
(A) Is in the Customer’s possession at the time of original disclosure by Olympic Biz; or
(B) Becomes known publicly, before or after disclosure, other than as a result of the Customer’s improper action or inaction.
(2) The Customer agrees that breach of the provisions of this Subsection 8(B) might cause Olympic Biz irreparable injury for which monetary relief would not provide adequate compensation, and that in addition to any other remedies available, Olympic Biz will be entitled to preliminary, temporary, and/or permanent injunctive relief against such breach or threatened breach, without the necessity of proving actual damages.
8. Warranties, Disclaimers & Limitations of Liability
A. OLYMPIC BIZ MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NO INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Olympic Biz does not warrant that the Service will be uninterrupted, or error-free. The Service is provided with no warranties regarding protection from attacks, data integrity, or data availability. No communication between the Customer and Olympic Biz will create a warranty or in any way alter or restrict any disclaimer of warranty or limitation of liability set forth in this Section 8 or elsewhere in this Agreement. As used in the previous sentence, “communications” include, without limitation, marketing materials and representations of salespeople, advice provided by Olympic Biz or any of its representatives, quotes, the Customer’s Signup, and any work order or other ordering document.
B. OLYMPIC BIZ WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
C. Except to the extent that applicable law specifically forbids such limitation of liability, OLYMPIC BIZ WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM ANY OF THE FOLLOWING OR FROM ANY OLYMPIC BIZ EFFORTS TO ADDRESS OR MITIGATE ANY OF THE FOLLOWING:
(1) SECURITY BREACHES, INCLUDING WITHOUT LIMITATION EAVESDROPPING, THIRD PARTY ACCESS TO THE CUSTOMER DATA OR TO ASSIGNED TERMINALS, THIRD PARTY ACCESS TO OR MISUSE OF PASSWORDS PROVIDED TO OLYMPIC BIZ
(2) RELEASE OR EXPOSURE, FOR ANY OTHER REASON, OF PERSONALLY IDENTIFIABLE INFORMATION OR OTHER PRIVATE DATA, INCLUDING DATA BELONGING TO THE CUSTOMER’S OWN CUSTOMERS AND OTHER USERS
(3) DENIAL OF SERVICE ATTACKS, VIRUSES, WORMS, AND OTHER INTENTIONAL INTERFERENCE BY THIRD PARTIES, INCLUDING WITHOUT LIMITATION BY OTHER OLYMPIC BIZ CUSTOMERS
(4) LOSS OF DATA OR LOSS OF ACCESS TO DATA
(5) ACTIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION OTHER OLYMPIC BIZ CUSTOMERS AND THIRD PARTY PRODUCTS AND SERVICES PROVIDERS
(6) ACTIONS OF OLYMPIC BIZ EMPLOYEES, AGENTS, OR CONTRACTORS ACTING OUTSIDE THE SCOPE OF THEIR DUTIES
(7) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF DATA, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE, INCLUDING WITHOUT LIMITATION ACCIDENTAL DISCONNECTION AND TERMINATION OF SERVICE; AND
(8) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE.
D. THE LIABILITIES LIMITED BY THIS SECTION 8 APPLY:
(1) TO LIABILITY FOR NEGLIGENCE
(2) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE
(3) EVEN IF OLYMPIC BIZ IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND
(4) EVEN IF THE CUSTOMER’S REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
Olympic Biz’s limitations and exclusions of liability and disclaimers of warranty, set forth in this Section 8 and elsewhere in this Agreement apply equally to Olympic Biz’s officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies. The Customer acknowledges and agrees that Olympic Biz has set its prices and entered into this Agreement in reliance upon such limitations of liability, and that such limitations of liability form an essential basis of the bargain between Olympic Biz and the Customer.
The Customer will defend, indemnify, and hold harmless Olympic Biz (including its officers, employees, agents, contractors, representatives, suppliers, subsidiaries, parents, and affiliated companies) from a claim by any of the Customer’s customers or users, or any other third party, arising out of or related to the Customer’s use of, misuse of, or failure to use the Service, including without limitation:
A. Alleged Customer conduct that would breach this Agreement, including alleged infringement of intellectual property or privacy rights and other AUP violations
B. Security breaches or other alleged faults in the Service, faults leading to the release or exposure of personally identifiable information or other private data
C. Any action taken by Olympic Biz as part of an investigation into a suspected violation of this Agreement or as a result of its conclusion that a violation has occurred. Such Customer obligation includes payment of losses, expenses, damages, judgments, settlements, and costs, including without limitation attorneys’ fees.
A. Title and intellectual property rights to the Service and all components thereof are owned by Olympic Biz and its licensors and suppliers. All addresses provided by Olympic Biz are licensed to the Customer temporarily and remain Olympic Bizâ€™s sole and exclusive property. This Agreement does not grant the Customer a license to any software used to provide the Service or associated with the Service (collectively, “Software”), or to any other software, by implication, by estoppel, or otherwise. Without limiting the generality of the foregoing, the Customer will not reproduce or reverse engineer, the Software. The logos, service marks, and trademarks displayed on Olympic Biz’s website and through the Service, whether or not registered, belong to Olympic Biz and its licensors and suppliers. Neither this Agreement nor any Olympic Biz website grants a license to any Trademark. Olympic Biz may include the Customer’s name in any list of the customers used for marketing or other purposes.
B. The Customer is responsible for maintaining the confidentiality of its usernames and passwords, and the Customer will not transfer or sell to any third party such usernames or passwords, or Customer’s access to the Service.
C. Olympic Biz is not obligated to sell the Customer any Service feature not listed in the Customer’s Signup, or to provide more Service than required by such Signup.
D. All written communications to the Customer will be deemed delivered if sent to the contact points provided to Olympic Biz at the time of order, or to such other contact points as the Customer provides in writing. Customer will include a valid e-mail address with such contact points. All written communications to Olympic Biz will be mailed to the Customer, unless Olympic Biz notifies the Customer in writing of alternate contact information, except to the extent that this Agreement provides that such communication will be made through the Customer Portal.
E. Olympic Biz may revise this Agreement from time to time by posting an amended version at the Olympic Biz website and sending the Customer written notice thereof.
F. This Agreement is to be construed in accordance with and governed by the laws of the State of Delaware, United States of America without giving effect to any choice of law rule that would cause the application of the laws of any other jurisdiction other than the internal laws of the State of Delaware, United States of America to the rights and duties of the parties. The parties hereby consent to personal and exclusive jurisdiction and venue of the courts of the State of Delaware, United States of America.
G. To resolve any complaint regarding the Service or receive any further information regarding the Service, the Customer should contact Olympic Biz at the contact points provided on Olympic Biz’s website under “Contact Us”
H. The Customer will not use the Service in any way that violates applicable laws or regulations.
I. No delay, failure, or waiver of either party’s exercise or partial exercise of any right or remedy under this Agreement will operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. To the extent caused by force majeure, no delay, failure, or default will constitute a breach of this Agreement.
J. In the event of any conflict between these Terms of Service and any other element of this Agreement, or any ordering document or statement of work, these Terms of Service will govern.
K. The Customer may not assign this Agreement or any of its rights or obligations hereunder without Olympic Biz’s express written consent. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.
L. If any provision of this Agreement is held invalid, illegal, or unenforceable, including without limitation as a result of inconsistency with public policy, such provision will be construed so as to come as close as possible to its intended meaning, and the validity, legality, or enforceability of the remaining provisions will in no way be impaired.
M. This Agreement, including those documents incorporated by reference, embodies the final, full, and exclusive statement of the agreement between the parties, and supersedes all prior agreements, negotiations, representations, and proposals, written or oral, relating to its subject-matter.