These Terms of Service (“ToS”) are a binding legal agreement between you (“you” or “User”) and bizhaven, LLC (“bizhaven” or “us”) regarding your use of the bizhaven COVID-19 unlimited support services (the “COVID Service”). This ToS is intended to supplement the provisions of any written agreement currently in place between you and/or your affiliates and bizhaven. Accordingly, by your use of the COVID Service, you hereby acknowledge and agree to be bound by all the terms of these ToS. Due to the uncertain, evolving, and novel nature of the Covid-19 virus, as well as the recommended responses and impact relating thereto, bizhaven’s responsibilities, liabilities, and obligations relating to the COVID Service are limited as set forth in this ToS.
COVID Service Disclaimer
1. BIZHAVEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO ANY OF THE INFORMATION CONTAINED IN THE COVIDE SERVICE. BIZHAVEN DISCLAIMS ALL REPRESENTATIONS AND/OR WARRANTIES, EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING WITHOUT LIMITATIOIN, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT.
2. The COVID Service and the information provided pursuant thereto is not intended to be, nor should it be relied on, as a substitute for legal, medical, or other professional advice. You should not rely solely on the COVID Service and the information provided pursuant thereto. User is advised to independently obtain appropriate legal, medical or other professional advice relevant to User’s circumstances.
3. In no event shall bizhaven be liable for any damages of any kind or nature, including without limitation, direct, indirect, special, consequential or incidental damages arising from or in connection with the existence or use of the COVID Service and/or the information provided therein.
4. User acknowledges that bizhaven, in its sole discretion, may from time to time make modifications to the COVID Service. Such modifications may require corresponding changes to be made in the User’s practices and systems. Changes or failure to make timely changes by User may sever or affect User’s access to the COVID Service. Bizhaven shall not be responsible for such effects, and it shall not have any obligation to furnish any maintenance and support services with respect to the COVID Service.
5. Any and all liability arising directly or indirectly from the use of the COVID Service is hereby disclaimed. The COVID Service is provided “as is” and without any warranty, express or implied. All direct, indirect, special, incidental, consequential or punitive damages arising from any use of the COVID Service or data contained herein are disclaimed and excluded.
6. bizhaven will not be responsible for losses or damages to User occasioned by delays in the performance or nonperformance of any of bizhaven’s obligations when caused directly or indirectly by acts of God, acts of government, casualty, riots, acts of User, strikes or other labor difficulties, shortages of labor, supplies and transportation, or any other cause beyond bizhaven’s reasonable control; provided, that bizhaven promptly notifies User of the delay.
7. bizhaven reserves the right to revise this ToS and the other policies relating to the COVID Service. User agrees to be bound by any such revisions and should, therefore, periodically review this ToS.
COVID Service Release
8. User hereby releases, discharges, holds harmless, and indemnifies, bizhaven and its owners, employees, agents, officers, managers, directors, shareholders, administrators, affiliates, partners, joint-ventures, and any other person acting or allegedly acting by, under, through or in concert with any of them (the “Released Parties”) from any and all liability including but not limited to, all claims, damages, actions, causes of action, liabilities, judgments, obligations, costs and expenses (including, but not limited to, attorneys’ fees), and charges of whatsoever nature, resulting from his, her or its participation in the COVID Service and/or the conduct of any other person participating in the COVID Service (collectively “Claims”). This release of Claims applies to any intentional or negligent conduct that may result in injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.
Miscellaneous
9. You agree to pay us for the COVID Service, as invoiced, prior to our provision of the COVID Service. All billed service fees are non-refundable and we reserve the right to charge you additional reasonable penalties and fees, including, but not limited to nonsufficient funds fees, cancellation fees, and late payment fees. You agree to provide us with a credit card information, all of which must remain valid, in good standing and with sufficient resources to pay the fees for the COVID Service provided to you. All payments due shall be remitted in United States currency. Failure to pay for the Services shall result in immediate termination of the COVID Service.
10. To the fullest extent permitted by law, User agrees to defend, indemnify and hold harmless bizhaven, its owners, employees, agents, representatives and affiliates against any and all claims, demands, suits, actions, costs, expenses (including but not limited to reasonable attorneys’ fees), liabilities, losses, injuries or damages of every kind and nature whatsoever (“Claims”) arising directly or indirectly from or by reason or in connection with (a) User’s business operations, (b) the failure to comply with any of its obligations contained in these ToS, or (c) failure to comply with any local, state, and/or federal law, isincluding without limitation any employment, wage and hour, or health and safety laws and regulations.
11. Subject to and except as set forth in Section 11, if either party brings any action against any party for enforcement of this Agreement, the losing party will pay to the prevailing party a reasonable sum for attorneys’ fees incurred in taking such action, bringing such suit and/or enforcing any judgment granted therein, all of which will be payable whether or not an action is initiated or prosecuted to judgment.
12. This Agreement is subject to, and will be construed in accordance with and governed by the laws of the State of California applicable to contracts executed and performed in such State without giving effect to conflicts of laws principles. Each of the parties to these ToS consents to submit itself to the exclusive personal jurisdiction of the state and federal courts of California located in the County of Sacramento, State of California in any action or proceeding arising out of or relating to these ToS.
USER ACKNOWLEDGES THAT HE, SHE OR IT HAS FULLY READ THESE “TERMS OF SERVICE” AND AGREES THAT HE, SHE OR IT: (A) UNDERSTANDS ITS TERMS; (B) ENTERS INTO THIS TOS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT; (C) UNDERSTANDS THAT HE, SHE OR IT ASSUMES THE RISK OF PARTICIPATING IN THE COVID SERVICE; AND (D) RELEASES THE RELEASED PARTIES FROM ALL LIABILITY.
