Terms and Conditions
Effective July 23, 2021
These Terms and Conditions (this "Agreement") govern your use of www.thebizbodega.com. This website is owned, controlled, and operated by the Business Bodega. The terms "we", "us", and "our" refer to www.thebizbodega.com. The term "Site" refers to www.thebizbodega.com. The term "user", "you" and "your" refers to any and all site visitors. The term "Service" refers to general information about services and products, as well as general information about different areas of the law.
Use of this Site
Who can use this Site.
To access or use this Site, you must be 18 years or older. Children under the age of 18 are prohibited from using this Site or Service.
Materials on this Site
Materials on this Site contain general information about services and products, as well as general information about different areas of building, branding, marketing, protecting and managing a business. This Site may contain legal information. We are not a law firm and do not provide legal advice. The information presented is for informational purposes only. You should consult with a legal professional to obtain legal advice.
Third Party Content, Advertisements and Promotions.
This Site may contain links to third-party websites, products, or services, which may be posted by advertisers, our affiliates, our partners, or other users ("Third-Party Content"). Third-Party Content is not under our control, and we are not responsible for any of their websites, products, or services. Your use of Third-Party Content is at your own risk and you should make any investigation you feel necessary before proceeding with any transaction in connection with such Third-Party Content. The Business Bodega assumes no liability or responsibilities for the actions or failures of any third party. The Business Bodega assumes no liability or responsibilities for the accuracy of the information on this Site from third parties.
This Site may also contain sponsored Third-Party Content or advertisements. The type, degree, and targeting of advertisements are subject to change, and you acknowledge and agree that we may place advertisements in connection with the display of any content or information on this Site, including your content.
You may use this Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through this Site. You agree to use this Site and to purchase services through this Site for legitimate purposes only. You shall not post or transmit through this Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
Modifications of Terms and Conditions
We reserve the right to change this Agreement, and notices under which www.thebizbodega.com and its content is hosted. By using www.thebizbodega.com or sending our office any personal information, you agree to this policy and will be deemed bound to this policy as of the date of such use.
We may at any time amend this Agreement. Such amendments are effective immediately upon notice to you by posting the new terms and conditions on this Site. Any use of this Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including this Agreement at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our terms and conditions.
The User shall not upload, post or otherwise make available on the site or via email any artwork, photos or other materials (“Materials”) protected by intellectual property laws without the express written permission of the owner of the copyright. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to this Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Intellectual Property Rights
Ownership of Content
This Site and Service contain intellectual property owned by the Business Bodega including, without limitation, the www.thebizbodega.com logo, all designs, text, graphics, other files, and the selection and arrangement thereof, also termed the “look and feel,” trademarks, trade dress, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in anyway exploit in any format whatsoever any of this Site or Service content, in whole or in part without our prior express written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
We claim no intellectual property rights over the Materials you supply to this Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through this Site. Content you submit to this Site remains yours to the extent that you have may any legal claims. However, you grant the Business Bodega a worldwide, nonexclusive, irrevocable license to display the Materials you supply to us for business development and marketing purposes only. By visiting this site, you agree to hold Us harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
Governing Law; Venue; Mediation
This Agreement shall be construed in accordance with, and governed by, the laws of North Carolina as applied to contracts that are executed and performed entirely in North Carolina. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Mecklenburg County, North Carolina. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of Mecklenburg County, North Carolina, or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Limits on Liability
Our products are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Additionally, We are not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if We have been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall We cumulative liability to you exceed the total purchase price of the product or service you have purchased from the Business Bodega and if no purchase has been made by you, the Business Bodega cumulative liability to you shall not exceed $100.
Accuracy of Information
While information on this Site is considered to be true and correct at the date of publication, changes in circumstances after the time of publication may impact on the accuracy of the information. The Information may change without notice and We are not in any way liable for the accuracy of any information on this Site or information from this Site that has been printed and stored or saved in any way by a User.
Links and E-Mail Addresses
Links posted on this Site to other websites are provided only as a convenience. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Us. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Contact and Notices
www.thebizbodega.com welcomes comments, questions, concerns, or suggestions. You can contact us to get support. All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
8514 Caden Lee Way
Charlotte, NC 28273
You shall indemnify and hold this Site harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of this Agreement, or any use by you of this Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
This Agreement constitutes the entire agreement between you and the Business Bodega pertaining to this Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to this Site and Service. No waiver of any of the provisions of this Agreement by the Business Bodega shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.
Entire Agreement; Waiver
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These terms and conditions bind and inure to the benefit of the parties’ successors and assigns. This Agreement and its terms and conditions are not assignable, delegable, or transferable by you, unless accepted by written consent by the Business Bodega. Any transfer, assignment, delegation or sublicense by you is invalid.
Effect of Headings
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.