User Agreement

Last Update: October 9, 2009

The present agreement between Being Services Inc. and yourself establishes the terms and conditions of the services we offer to you through the site with the domain www.bizglo.com, domains of its international affiliates, and their sub-domains, from now on and for the effect of this agreement these sites will be referred as "Bizglo" or "the site". By using the site, you accept these conditions. If you are not in complete agreement with these terms and conditions, you must not use the site or its services.

This user agreement may be modified solely by Being Services Inc. Bizglo will notify about any modifications to these policies and regulations via email or by posting on the site with at least 14 calendar days before future modifications take effect. If you do not agree with the modifications that are made, you should cease any use of the site since the use of our services implies complete acceptance of the agreement and the modifications.

If you have any questions concerning these terms and conditions of use, please direct your comments and questions using the contact form (select the option General Inquiries in the drop down menu), located in the topic Getting Started.

1. Who Can Use Bizglo

Our services are available solely for individuals and companies with the legal capacity to contract for the services offered under the applicable law. Our services are not available for users who are minors (under 18 years of age) or users that have been suspended temporarily or banned from the Bizglo community. 

2. Verification of User Information

Bizglo does its best to verify the information provided by each and every one of its buyers, sellers, and transporters. We are continuously implementing procedures to confirm that information provided by users is as truthful as possible and that each user is who they claim to be. Regardless, Bizglo cannot guarantee that information users provide is accurate due to the fact that it is possible for the users to not provide accurate information about themselves.

We have incorporated aids and tools such as the user feedback system to inform users about the commercial behavior exhibited by fellow users, and establish what could be expected of them. We expect your cooperation in reinforcing these tools. The object of the use of these tools aims for the general welfare of the companies and individuals that use the site. 

Bizglo may contact its users by telephone or email when deemed necessary for validating their information, request a reference or to alleviate any issue related to the use of our services. 

3. Identity in Bizglo

Your identity is the username that you created when registering, whether you registered as a person or company, and will be the name by which other Bizglo users will recognize you within the site. Once registered with Bizglo, your identity will serve so that other users may identify you when establishing commercial relationships, buying or selling items, offering services, or any other activity that you may perform on the site.

4. About Our Services

In Bizglo individuals and companies may buy and sell goods, and offer transport services within the regulations and procedures of the site. Being Services Inc. forms no part nor is it involved in any way with the performed transactions of the users on the site and cannot secure or guarantee that the users are going to complete the transaction. The tools that Bizglo supplies for these transactions and for the management of operations are provided for personal use by the users and therefore the users are responsible for the use of these tools and services. Bizglo exercises control over the quality, security and legality of the goods and services offered by the users of the site but cannot guarantee the accuracy of information third parties making use of our services post on the site. 

5. Charges Incurred for Bizglo Services

Bizglo's services are free except for users who wish to sell products or offer services on the site. Our fees and the conditions governing the cost of these services may be found in the Registration & personal information topic, Bizglo Fees subtopic, which is an integral part of the present agreement and can be found in the Selling part of the help section of the site.

6. Information, Content, and Communications of Third Parties on the Site 

When you post content on the site, such as information, pictures, software, audio files, video files, or any other material that can possibly be posted on the site, you guarantee that you are the author of said publications, are the actual owner of the rights of intellectual property or have the appropriate license or authorization from the owner that affords you the permission to post said content. Equally, you authorize Being Services Inc. the non-exclusive, irrevocable, transferable, and perpetual permission at the local and global level to use, copy, modify, erase, adapt, post, translate, transform, distribute by any form or technology, create content derived from, and/or selling, and/or distributing, or incorporating by any form, method or technology the content published by you on the site without any financial or other form of compensation provided to you. Being Services Inc. reserves the right to edit, or delete any content on the site at its discretion. 

As a user you agree to not publish content on the site: 

• That is false, imprecise, or that might generate confusion. 
  
  
• That infringes on the rights of the intellectual property of third parties, registered brands, commercial secrets, or other types of owner rights. 
  
  
• That may be considered defamatory, contains hate, violence, or discrimination that is racial, religious, or of any other type in origin.

You may also review our "User Guidelines" in the following portion of this agreement. They establish the necessary regulations that users should follow to post products on the site

7. User Guidelines

7.1 About Purchase Orders

A purchase order is a binding contract between the buyer and seller. Withdrawing from the acquired agreement is not permitted. Take into account that if you do not fulfill a purchase order, you acknowledge that you are liable to receive negative feedback from your counterpart. If a buyer does not honor a purchase order, the seller must post negative or neutral feedback about that buyer in order not to be charged for the transaction.  If the transaction is not completed at no fault of the buyer, the seller will be charged for the transaction.

Attempts to manipulate orders, creating orders that will be unfulfilled with the intention of diminishing other user's product exposition or with other intentions in mind will be investigated. Offenders may indefinitely lose the ability to be users of the site. 

Excessive or inappropriate failure to fulfill purchase orders hurts the marketplace. It is not fair for buyers with genuine interest in products purchases to be affected by such situations. For this reason, if this situation occurs more than three times during a 2 month period, the user in violation will be suspended for a period of 15 days. Should this issue resurface the user will be suspended for 1 month and so forth in succession each time this occurs. 

7.2 Guidelines Concerning the Posting of Goods

In Bizglo the contract generated by creating a purchase order is the foundation for trust between its members. To avoid misunderstandings, the posting and offering of products must be in accordance with certain established restrictions in order to avoid problems with the presentation of your offer on the site.

In the event that these regulations are violated by a seller, Bizglo can impose the following sanctions: 

• Termination of your offer.
  
  
• Limits on your personal account.
  
  
• Banning of the user from the site.

7.3 Articles or Services Prohibited from Being Posted 

• Alcohol: the sale of alcoholic beverages or any form of beverage that contains alcohol will have restrictions on the site. Alcoholic beverages may be posted on the site if the seller can present proof of being the manufacturer or authorized distributor.
  
  
• Animals or wild species: any type of species, animal, or plant that resides in regions where Bizglo has presence and which commercialization is prohibited or violates the regulations established by international or local law governing the trafficking of wildlife.
  
  
• Material with adult content: Sexually explicate images or products sexual in nature are prohibited outside of the adults category. In the same context, elements or accessories that have some type of known association with "Exotic" practices are also prohibited outside of the adults category.
  
  
• Credit cards or information related to the illegal use of them.
  
  
• Prescription medication.
  
  
• Illegal drugs.
  
  
• Firearms.
  
  
• Organic and inorganic products derived from parts of a human body as well as any organ or segment of a human body itself.
  
  
• Products that promote illegal activities, (i.e. a book that educates on the preparation of an illegal drug).
  
  
• Lottery tickets.
  
  
• Mail listings and data bases.
  
  
• Multi-level programs and pyramid schemes affiliations or subscriptions and related promotional goods.
  
  
• Any product, which when posted, would violate the legal regulations established by the countries in which Bizglo operates.

7.4 Postings should not Generate Confusion 

• The posting of products in erroneous categories: The products and/or services should be posted in the categories defined for such items. Your products may be removed without warning for not complying with this regulation.  
  
  
• Not being specific in regards to the location of the product: The sellers should be clear and concise in regards to the location of merchandise so that buyers could program the transport of the goods. Your products may be removed without warning for not complying with this regulation. 

7.5 Postings Cannot Contain Information Potentially Leading to Avoidance of Payment for Services Provided by the Site

• Posting a catalogue: Posting a catalogue that would lead to the purchase of a product outside of the site is prohibited.
  
  
• Multiple postings of the same product from a seller in the same category: When this situation is detected, the duplicated products will be removed and the seller will receive a warning.
  
  
• Extra charges: In the event that a seller imposes additional charges on the total presented to a buyer for the use of a certain form of payment, these charges must obligatorily be mentioned in the product description or in the payment method description.
  
  
• Excessive shipping charges: Sellers should charge reasonable shipping costs on their products, and costs should be adjusted to resemble realistic shipping costs. Bizglo does not control the shipping charge amount that a seller adds. The inflation of shipping charges with the intention of recovering with the shipping charge, discounts in the product price, or to avoid the payment of the generated commission is prohibited. Sellers must be prepared to justify transport cost with documentation if the buyer asks them to do so.
  
  
• It is prohibited to include contact information, i.e. telephone number, email, address, anywhere in your product description.
  
  
• Offering the purchase of the product outside of the site: any attempt by the seller to offer or to make reference to the sale of his/her product outside of Bizglo will end with the termination of the posting.

7.6 Handling Feedback Between Users 

The feedback between users defines the reputation of a Bizglo user. This tool should be handled with care. 

Bizglo reserves the right to delete comments that are manipulative, inappropriate or not genuine.

7.7 Incorrect Uses of the Feedback System

• Extortions using the feedback.
  
  
• Manipulation of the feedback to increase the amount of actual comments or to raise the average rating.

In the event that these or other malicious uses of the feedback system present themselves, the user shall be sanctioned as follows: 

First warning results in suspension of the account for 15 days. 

Second and successive warnings result in suspension of the account for a month and so forth in succession. Bizglo reserves the right to ban any user from the site for any reason.

7.8 Incorrect Uses of the “Ask about this product” feature found in the product details page

Questions and answers about a product must be genuine and not intended to obtain contact information or bypass the site to complete the purchase of goods.

Question or answers in violation of this guideline will be removed. If the problem persists, the user may be suspended or banned from the site.

7.9 User Duties 

• Upon sending a purchase order: 
  
  By sending a purchase order, the user commits to compliance with the agreed payment and within the agreed upon time. It is essential to accept and understand the stipulated conditions of the seller in the product description if and when these conditions follow the applicable laws of each country in which the site offers its services.
  
  
• Upon selling: 
  
  Upon selling, a user should comply with the regulations established by the user agreement, taking special care of the user guidelines. Equally, the seller must be in legal capacity to exercise or develop any act of selling of the goods that are being posted on the site. 
  
  If a seller receives a purchase order, he/she is committed to take the proper steps to complete the process. 

7.10 Transporter Regulations 

When registering on the Bizglo site, the transporter completely accepts the terms and conditions of the site, and also certifies that he/she will not be found incapable of providing its services, which may be proven by means of documentation sent to Bizglo. 

The transporter cannot change the cost of transportation services initially agreed upon at the time a purchase order is created. In the event that the services were hired by a user, the transporter has the obligation to contact the user and inform the user of any updates concerning the transport of products. 

8. Warranty Disclaimer 

The user accepts and recognizes that services rendered by Being Services Inc. under the domain www.bizglo.com, domains of its international affiliates, and their sub-domains are provided with no expressed or implied warranty, and are made available on an "AS IS" and "AS AVAILABLE BASIS." The use of our services, as well as the information, content, materials, or products included on the site do not generate any sort of obligation or responsibility to Being Services Inc. Continued, uninterrupted, or secure access to the site and its services it's not guaranteed. Access and operation of the site can be suspended without warning. It's not guaranteed that the infrastructure or communications sent from Bizglo are free of viruses or malicious components. You clearly accept that use of the site and its services is at your own risk, just as you accept and understand that Being Services Inc. will not be held accountable for damages of any sort that may arise as consequence of using the site. 

You accept to defend, indemnify, and maintain Being Services Inc. and its affiliates, and as such their respective executives and employees free of any harm or damage, complaint or lawsuit of any type and byproduct that may arise as consequence of use of the site or its services, as well as any dispute or controversy with another user or users of the site. 

9. Limitation of Liability 

The responsibility of Being Services Inc. and its affiliated companies, subsidiaries, executives and employees related to the use of our services towards you or towards third parties is limited to the total sum that we received from you for charges for use of the site in its final year from the moment in which the action took place that compromises our responsibility. In the event that this generated sum does not exist, this value will be the sum of US$100 dollars.

10. Privacy 

The user information provided to Bizglo is not sold nor rented to third parties for any reason whatsoever. The way we use the user information is in agreement with our Privacy Policy. Your information is stored and protected to provide you confidence and peace of mind. For more information read our Privacy Policy which is an integral part of the present agreement. 

11. Applicable Law and Dispute Resolution 

Due to the fact the Bizglo is a site of global nature, it is necessary to establish a sole governing entity of legal nature for which this User Agreement will be governed and interpreted. In this case it will be in agreement with the laws of the state of California, without regard to principles of conflict of laws. If for any reason, the court with competent jurisdiction considers a certain clause or part of this user agreement inapplicable, the rest of this agreement will continue to apply in its entirety.

Any type of dispute or controversy between yourself and Being Services Inc. related to the use of the site will be attempted to be resolved amicably between the involved parties. In the event that this is not possible, the services of a respected and renowned arbitrary tribunal will be sought. In the event that a court must be used to mediate a dispute, that court will be from the state of California, U.S.A.

12. Protection of Intellectual Property Belonging to Being Services Inc.

The content found in the site in the form of text, symbols, images, logos, audio files, downloadable files, software, and everything else that you can obtain from the site is property of Being Services Inc. or its content providers and is protected under international intellectual property laws. The incorrect use of this material and of site content may incur civil and penal responsibilities. 

In the event that material belonging to Being Services Inc. is required for informative non-commercial use, Being Services Inc may approve at its discretion and via written consent the use of this material. Any solicitation related to the use of material from this site should be sent to info [at] bizglo.com.

13. Protection of Third Party Intellectual Property

Being Services Inc. respects the content and information protected by intellectual property laws of third parties and will remove or disable the access to content that is violating the rights of intellectual property. If you believe that your intellectual property rights are being violated, inform us about this violation by sending a written notice to our designated agent. 

Designated Agent: Richard Rueda

By mail: 
Bizglo.com (Being Services Inc.) 
Att: Richard Rueda Castañeda 
2824 NW 72 ave
Miami, Fl 33122
United States

Providing the following information will help us act quickly to remove materials posted in violation of copyright laws from the site.

1: Complete name, telephone, and physical or email address of the person or entity whose rights of intellectual property are being violated or of the representative authorized to work in their name.

2: Location within the site and description of the material which you consider to be violating your rights of intellectual property. 

3: A declaration which manifests the use of the material is not authorized by the owner, owner's agent, or applicable law. 

4: A sworn declaration manifesting that the provided information is true and the party making the claim has proprietary rights over the material in question or is authorized by the owner to act in his name. 
Once your notification is received, we will proceed to review the case. Upon confirming the unauthorized use of your material, we will proceed to remove it from the site or restrict access to the material as quickly as possible after receiving notification. 

14. Additional Terms

The following policies and contents are an integral part of the present agreement and provide additional terms and conditions that complement this user agreement. 

• Privacy Policy
  
  
• Invoicing Policy 
  
  
• Bizglo Fee Structure

These policies, as well as the user agreement, can solely be modified by Being Services Inc. Inc. Bizglo will notify about any modifications to these policies and regulations via email or by posting on the site with at least 14 days before future modifications take effect. In the event that you do not agree with the modifications that are made, you should cease use of the site since the use of our services implies complete acceptance of the agreement and the modifications.

15. Additional Conditions

This User Agreement replaces and frames all previous written or verbal understandings or agreements with respect to the use of the site. Any renouncement of Being Services Inc. to enforce any condition of this User Agreement will be legitimate if it is in writing and signed by Being Services Inc.