This Merchant User Agreement (“Agreement”) is between You, the user, together with any company or other business entity You are representing, if any (collectively, “You”), and Bullszi.com (“Bullszi”). Bullszi provides services that enable duly licensed and authorized merchants to open stores through which they can sell their products and services online. Bullszi also provides merchants services, including hosting of the online store, Store Front design, email services and other related services as may be offered from time to time (collectively, “Services”). This Agreement is effective upon Your written acceptance through duly authorized registration. By accepting this Agreement and subject to the terms and conditions of this Agreement, including those terms and conditions that are set forth on the Bullszi website located at http://bullszi.com (“Bullszi Site”) that are incorporated herein by reference and may be accessed through links in this Agreement. By accepting this Agreement, You further agree to be bound by any amendments to the terms and conditions of this Agreement or to such terms and conditions as are incorporated herein by reference. These terms and conditions shall be amended from time to time as necessary to ensure compliance with all applicable law and to address changes in this developing area of commerce. Except as stated below, all amended terms shall automatically be effective thirty (30) days after they are initially posted on the Bullszi Site. Notwithstanding anything contained in the foregoing, this Agreement will not bind Bullszi unless You meet the eligibility criteria for entering into this Agreement as set forth in Section 1 of this Agreement.

1. ELIGIBILITY CRITERIA

The Services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors, i.e. children (persons under the age of 18) or persons declared legally incapable of making such decisions. If You are registering as a business entity, You represent that You have the authority to bind the entity to this Agreement. If You are a business You need to provide Bullszi with a Sales Tax ID (also referred to as your Employer Identification Number or EIN Number) as issued by the Internal Revenue Service. If You are opening a business as an Individual You need to provide Bullszi with Your Personal Information for tax purposes.
(Bullszi strong encourages all individuals to seek the advice of an accountant or other financial services advisor to provide proper guidance in the election of the appropriate form under which to operate your business)
 Bullszi uses many techniques to verify the accuracy of the information You provide when You register on the Bullszi Site. If for any reason, Bullszi, in its sole discretion, believes such information to be incorrect or lacking in detail Bullszi deems appropriate, it reserves the right, without provision of any further notice to You, to refuse to provide the Services under this Agreement to You. You must keep your account information up-to-date and accurate at all times, including a valid email address and a valid credit card. Bullszi deserves the right to employ such random techniques as it deems advisable under current law to ensure compliance with this section.

2. SERVICES

Bullszi.com acts as a venue for Sellers and Buyers to sell or purchase services and merchandise. Bullszi.com is not involved in the actual transactions between Buyers and Sellers and assumes no responsibility for actions made based on information or services. In the event that any parties using Bullszi.com, including Sellers and Buyers, have a dispute, Bullszi.com (including our officers, directors, agents, affiliates, and employees) is not liable for any claims, demands and damages arising out of or in any way connected with such disputes. The information published on Bullszi.com website may include inaccuracies or errors. While Bullszi.com strives to keep the information on its website accurate, complete and up-to-date, Bullszi.com cannot guarantee, and will not be responsible for any damage or loss related to the accuracy, completeness or timeliness of the information. Such information is provided without warranty of any kind. In no event shall Bullszi.com (and our officers, directors, agents, affiliates, and employees) be liable for any claims, demands and damages arising out of or in any way connected with the use of this website, the delay or inability to use Bullszi.com, or any information or services obtained from Bullszi.com.

2.1 SERVICES

Bullszi.com offers  merchants 2 different options to open their Online Store:
 

 Option 1: Website Store -  Merchants can have an online store set up for them by Bullszi, where they can sell their products and they can have their own shipping policies. With this option merchants only pay if they sell. Please see fees for option1.
Once you have completed and sent in the Store Application and your application is accepted we will start working with you to get your Store set up.
 

Option 2: Catalog Store -   Merchants can have an online store set up for them by Bullszi, where they can show their products with information and pricing, but they choose to not have the option of selling their products through their online store.  Customers will have to contact these merchants for any purchasing information shown on their store’s page, via their email or phone number. Please see fees for option 2.

Once the Store Application has been accepted and all necessary information received in order to set-up your Store on Bullszi.com, we will also need the following from you:

1. Each Store has to provide Bullszi.com with a photograph or image that they would like to use on their Store Homepage. This could be a photo of the products to be sold or any other photo of their choice. The photo has to contain a JPEG image, dimension around 400x500.
2. Each Store has to provide Bullszi.com with its’ Shipping & Handling Policies.
3. Each store has to provide Bullszi.com with all the necessary information to list their products online. Please make sure that all the information being sent in regard to the products (pictures, symbols, logos, etc) is accurate and does not infringe or misappropriate any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy.

After all the previous information is received, Bullszi.com will do the following:

• Set up your Store including the Homepage. (See fees)
• Set up all your products and information in your new Store. (See fees)
• Change or add new information to existent products. (Free)
• Secure all the data disclosed in regards to clients and Stores. (Free)
• Send monthly reports regarding Store sales and fees. (Free)
• Supply all Stores with yearly reports regarding Store sales and fees. (Free)
• Pass on any information regarding emails, comments and any product related information to all the Stores accordingly. (Free)
• We will market all the Store products through the Internet and also through other local Agencies. (Free)

Upon activation of Your account and subject to the payment of applicable fees, if any at the time, Bullszi will provide certain hosting, support and other miscellaneous Services under this Agreement as published on the Bullszi Site. Your Store shall be hosted on a Bullszi Server on which several merchants may share the resources and network capacity of that Bullszi Server.

2.2 FEES.

Fees for Option 1 - Website Store

Setup Store and Homepage		$25.00
Upload products and information	Listing charge per product	$0.30 each
	Change or add information to existing items		$0.0  (no charge)

 

 Transaction fees:

Bullszi.com uses PayPal Standard payments on all transactions. Your monthly sales         PayPal fees          Bullszi fees  $0 - $3,000                            2.9% + $0.30        +            2.5%  $3,000+ - $10,000                 2.5% + $0.30        +            2.5%  $10,000+                               2.2% + $0.30        +            2.5%                                                                                                                                           The PayPal pricing table above applies to domestic payments in US dollars. There's an additional 2.5% charge for any currency conversion and a 1% charge to receive payments from another country.	Your Monthly Sales	EXAMPLES
	$0              to      $3,000.00  $3,000.00    to    $10,000.00 $10,000.00         +	$5.70 fee on a $100 sale           $5.30 fee on a $100 sale              $5.00 fee on a $100 sale
No sales for the month		$0.0 (no fees will be applied)

                                                                                                      
Fees for option 2 - Catalog Store

Setup Store and Homepage		$25.00
Upload products and information	Listing charge per product	$0.30 each
	Change or add information to existing items		$0.0 (no charge)
	Monthly fee		$5.00 flat fee

                                                                                                      

You shall pay the fees set forth for the Services purchased by You in accordance with Bullszi' Fees Policy that is incorporated into this Agreement by reference. Bullszi and PayPal may change its Fees Policy and the fees for its Services from time to time. Bullszi's changes to the policy are effective after Bullszi provides You with at least fourteen (14) days’ notice of the changes by posting the changes on the Bullszi Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. Your failure to pay all fees when assessed within fourteen (14) days permits Bullszi with all right and interest to terminate any and all listings that it has on your behalf on its website.
All fees paid will be non-refundable in the event that a Store is removed from the Bullszi.com website for violating the Merchants Agreement Policy.

2.3 PAYMENT TERMS

Bullszi will invoice You and You agree to pay for (i) Services to be rendered to You by or on behalf of Bullszi in the following month, and (ii) transaction fees and all other fees designated in the Fees Policy to be paid in arrears based on the value of goods and services sold through Your Store during the previous calendar month, in accordance with the invoicing and payment requirements set forth in the Fees Policy. After the initial Set-Up, monthly fees will be mailed to your specified address or from the credit card account designated, whichever applies. Without limiting Bullszi's other remedies, any amount that is not retrievable from Your designated account when due will accrue a late fee at one and one half percent (1.5%) per month or the maximum rate permitted by applicable law, whichever is less, from the due date until paid.

2.4 CHANGES IN SERVICES

Bullszi reserves the right to change, amend and/or otherwise alter the Services provided without prior notice to You. The cost of these services may increase over time. You agree to receive administrative communications from Bullszi in regards to the Services, Your account, policy changes and system updates.  

3. YOUR STORE & CONTENT CONTROL

3.1 CONTROL OF YOUR STORE

You the Store owner will be solely responsible for the development, keep all content true and up to date, shipping and handling of all the products displayed in Your Store. This includes accepting, processing and filling customer orders in a professional manner for all the sales generated through Your Store and handling any customer inquiries, complaints or disputes arising from orders or sales generated through Your Store. You are responsible for proper packing and shipping of all Your products within 48 hours of receiving the order. You agree that Bullszi's only obligation is to display Your products and to pass on to You any information regarding product orders, inquiries, complaints or disputes arising from orders. You agree to indemnify and hold Bullszi harmless with respect to any and all complaints, legal process or legal action arising out of or in any matter incidentally or consequentially related to your actions.
 
3.2 CONTROL OF YOUR STORE'S CONTENT

You will be solely responsible for all of Your Store's content that includes products, information provided and pictures. You are responsible for all the advertisement, product description and prices for all the products displayed in Your Store. Any false advertisement on Your part will constitute for termination of Your involvement with Bullszi. Bullszi will edit, delete or make any changes, at Your own discretion, to any of the products being displayed on Your Store. If You breach any of the covenants in section 4.1 of this agreement (or in any other section of this agreement), Bullszi is entitled to suspend or terminate Your Store and/or any access to information or data related to Your account. By executing this agreement, you agree to reimburse Bullszi for any and all costs associated with the enforcement of this agreement.

3.3 PASSIVE CONDUIT

You acknowledge that, by only providing You with the ability to list and distribute Your own or third party products, services or contents, Bullszi is acting only as passive conduit for the distribution and/or publishing of such products, services or content on the Store. Bullszi has no obligation to You or any third party and undertakes no responsibility on the products or services listed therein or any other content, including but not limited to user-generated content, published and/or distributed on Your Store to determine whether such product, service or content may incur liability to third parties. Notwithstanding anything to the contrary herein, if Bullszi believes in its sole discretion (as applicable) that Your Store or any products, services, content or other materials in the Store or on Bullszi' Servers may create liability for Bullszi, You agree that Bullszi may take any actions with respect to the content or materials or Your Store that Bullszi believes are prudent or necessary to minimize or eliminate Bullszi's potential liability. Bullszi shall, as applicable, be the sole judge of what content or materials may create liability for Bullszi. Further, You agree to indemnify and hold Bullszi harmless with respect to any and all complaints, legal process or legal action arising out of or in any manner incidentally or consequentially related to your actions.

3.4 OWNERSHIP OF CONTENT                                                                                                                                                                                                                                                 
Although Bullszi does not claim ownership of content that its users post, by posting Content to any public area of the Bullszi Site, you automatically grant, and you represent and warrant that you have the right to grant, to Bullszi an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Bullszi Site, you automatically grant Bullszi all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Bullszi Site by any party for any purpose. You also grant Bullszi the right from time to time to use images of products displayed in Your Store, inside the Site, for the purpose of advertising such products through the Site through Bullszi’s Featured Products, the use of banners, links and other advertisement tools. 

4. COVENANTS

4.1 COVENANTS BY YOU

You covenant that any products, services or content published and distributed on Your Store and Your related activities shall not violate the Bullszi Acceptable Use Policy that is incorporated herein by reference and as it may be amended from time to time, nor shall they:

            - be false, inaccurate or misleading;

            - be fraudulent or involve the sale of counterfeit or stolen items;

            - infringe or misappropriates any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

            - violate any law, statute, ordinance or regulation (including, but not limited to, those governing privacy, publicity, export control, consumer protection, unfair competition, antidiscrimination or false advertising);

            - be defamatory, trade libelous, unlawfully threatening or harassing, or advocating, promoting or providing assistance involving violence, significant risk of death or injury, or other unlawful activities;

            - be obscene, contain child pornography or in any way contain pornographic material;

            - contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

            - involve subleasing Your account or offering other access to Your account or Your Store to third parties;

            - create liability for Bullszi.com and its subcontractors or expose them to undo risk or otherwise engage in activities that Bullszi.com, in its sole discretion, determines to be harmful to Bullszi's affiliates, operations, reputation or goodwill;

            - and link directly or indirectly to or include descriptions of goods or services that violate any applicable law, statute, ordinance or regulation, or that violate Bullszi's Prohibited and Restricted Items that is incorporated herein by reference and may be amended                 from time to time.

 

Furthermore, You agree to display and adhere to a terms of use or other user-type agreement, as well as privacy policy, governing Your operation of Your Store and Your conduct with Your Store's customers.

4.2 BREACH OF COVENANT

Your failure to comply with the covenants set forth in Section 4.1 of this Agreement will amount to a material breach of this Agreement and is cause for immediate suspension and/or termination under Section 11 of this Agreement.

5. TAXES & AUDIT RIGHTS

5.1 TAXES

All fees under this Agreement exclude all applicable sales, use, and other taxes and government charges, whether federal, state or foreign, and You will be responsible for payment of all such taxes (other than taxes based on Bullszi's income), fees, duties, and charges, and any related penalties and interest, arising from the payment of any and all fees under this Agreement including the performance of the Services hereunder. You agree to indemnify and hold Bullszi harmless with respect to any and all complaints, legal process or legal action arising out of or in any manner incidentally or consequentially related to your actions.

6. DISCLAIMER OF WARRANTIES

BULLSZI, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE SERVICES OUTLINED IN THIS AGREEMENT, ON AN “AS IS” BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE ( AS WELL AS ANY INCIDENTAL AND CONSEQUENTIAL DAMAGES ), QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE SPECIFICALLY EXCLUDED. BULLSZI, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE EXISTING SOFTWARE, ADDITIONAL SOFTWARE, OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 7 IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT THE SERVICES ARE PRICED IN RECOGNITION OF THE INHERENT INTERRUPTIONS IN SERVICE THAT MAY BE EXPERIENCED IN SUCH A FORUM.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL BULLSZI, ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE, THE ADDITIONAL SOFTWARE, THE SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). BULLSZI', ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES UNDER ANY CIRCUMSTANCE IS LIMITED TO [THE GREATER OF (A)] THE AMOUNT OF FEES YOU PAY TO BULLSZI FOR (I) THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND (B) ONE HUNDRED U.S. DOLLARS (U.S. $100.00). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You. You are advised to seek the assistance of legal counsel to review your rights prior to the execution of this Agreement.

8. INDEMNITY

You agree to indemnify and hold Bullszi, its agents, employees, directors, officers and its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys', expert witnesses' fees and incidental and consequential damages) incurred or arising from: (a) any breach of the covenants in Section 4.1 of this Agreement, (b) any content provided by You or generated by users of Your Store, (c) any claims arising from the sale or license of goods or services in Your Store, or (d) any breach of this Agreement or the documents it incorporates by reference. Bullszi', its suppliers' and service providers' indemnity rights shall not be limited or offset by any contributory negligence by Bullszi.

9. CUSTOMER DATA, YOUR DATA & PRIVACY POLICY

As between Bullszi and You, Bullszi shall own all data disclosed by or collected about (a) an individual or entity that accesses Your Store to browse or shop (“Customer Data”), and (b) You (“Your Data”). Bullszi does not sell or rent Your Data to third parties for marketing purposes, Bullszi only uses and disclose Your Data as described in the Bullszi Privacy Policy Statement document, that is herein incorporated  by reference and as it may be amended from time to time. Bullszi shall collect, store and process Customer Data and Your Data on computers located in the United States that are protected by physical as well as technological security devices.
Bullszi shall maintain all Customer Data that is collected by or disclosed to You in trust and confidence and use and disclose such information solely with Your consent.

10. BREACH

Without limiting other remedies, Bullszi may limit Your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate Your account or Your Store, in whole or in part, and refuse to provide some or all of the Software functionality or Services to You if: (a) You fail to pay any fees in accordance with Section 5.1 of this Agreement and the Price Policy; (b) You breach the covenants in Section 4.1 of this Agreement; (c) You breach this Agreement or the documents it incorporates by reference in any other manner; (d) Bullszi is unable to verify or authenticate any information You provide to Bullszi; or (e) Bullszi believes that Your actions may cause financial loss or legal liability for You, Your Store customers, or Bullszi.

11. SUSPENSION AND TERMINATION

11.1 SUSPENSION

At the discretion of Bullszi and for any reason set forth in Section 11 of this Agreement, Bullszi may suspend Your account by deactivating any access by You or by Your customers to any information contained on the Bullszi Servers related to Your account while maintaining the information and data related to Your account upon the Bullszi Servers. Suspension shall specifically include the disabling of Your Store and/or any access to information or data related to Your account. In the event of any such suspension You will be notified and given an opportunity to correct such breach. In the event that such breach is not corrected within ten (10) days of the receipt of such notice the account may be terminated under Section 11.2 of this Agreement. Fees under this Agreement will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such fees during any such period of suspension.

11.2 TERMINATION

This Agreement and all of its terms shall remain in full force and effect until it is terminated in accordance with the terms of this Agreement. This Agreement may be terminated either by Bullszi (a) immediately as provided in this Agreement, (b) after a period of suspension as set forth in Section 11.1 of this Agreement, or (c) upon fourteen (14) days written notice for any reason. YOU may terminate this Agreement upon twenty-four hours notice by e-mailing Bullszi' designated customer support center. Your termination request may be recorded by Bullszi and will require Your user name and password and verification code.

11.3 RIGHTS UPON TERMINATION

In the event of expiration or termination for any reason, there will be no refund provided to You except as set forth in the Price Policy and all outstanding fees owed by You shall become immediately due and payable. Termination shall not affect the rights of Bullszi to recover from Your losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorneys fees or expert witnesses' cost or other costs of any kind under this Agreement.

12. GENERAL

12.1 GOVERNING LAW

This Agreement shall be governed in all respects by the laws of the State of Rhode Island without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction. By executing this agreement, You agree to submit Yourself to the jurisdiction of the Rhode Island Superior Court.

12.2 LEGAL COMPLIANCE

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Software, the Services, and Your listing and sale of products and services on Your Store.

12.3 NO AGENCY

You and Bullszi are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. At all times, You shall not represent that there is any agency relationship between You and Bullszi.

12.4 FORCE MAJEURE

Except for the payment of any fees due and payable under this Agreement, neither party's delay in the performance of any duties or obligations under this Agreement will be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, failures in electric power or telecommunications services, or any other documented catastrophic event beyond the control of the party.

12.5 DISPUTES

In the event a dispute arises between You and Bullszi, Bullszi's goal is to provide You with a neutral and cost effective means of resolving the dispute quickly. Accordingly, You and Bullszi agree that any claim or controversy at law or equity that arises out of this Agreement or Services (“Claims”) shall be resolved in accordance with one of the subsections below or as otherwise mutually agreed upon in writing by the parties. Before resorting to these alternatives, Bullszi strongly encourages You to first contact Bullszi directly as provided in Section 12.6 to seek a resolution and Bullszi will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation, as an alternative to litigation in the Rhode Island Superior Court.

1. Binding Arbitration. For any Claim (excluding Claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, You or Bullszi may elect to resolve the dispute through binding arbitration conducted by telephone, on-line and/or based solely upon written submissions where no in-person appearance is required. In such cases, the arbitration shall be administered by the American Arbitration Association (“AAA”). Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If arbitration is not selected or is otherwise appealed, the parties agree to submit the matter to the Rhode Island Superior Court (or if the amount of controversy is appropriate the Sixth Division District Court, Providence, Rhode Island).
2. Court. Alternatively, any Claim may be adjudicated by a court of competent jurisdiction located in Providence County, Rhode Island.
3. Alternative Dispute Resolution. Alternatively, Bullszi will consider use of other alternative forms of dispute resolution, such as binding arbitration to be held in Providence County, Rhode Island or another location mutually agreed upon by the parties. All Claims (excluding requests for injunctive or equitable relief) between the parties must be resolved using the dispute resolution mechanism that is selected in accordance with this Section. Failure to utilize this mechanism shall entitle the other party to an award of all reasonable attorneys’ fees and reimbursement of its litigation costs.

12.6 NOTICES

Except as explicitly stated otherwise, any notices to Bullszi shall be given by first class postage prepaid mail to Bullszi Attn: Legal Department, 291 High Street, Cumberland RI 02864 with a copy of the communication transmitted to Bullszi via email at info@bullszi.com (in the case of Bullszi). Communications to You shall be made at the email address You provide to Bullszi during the registration process (in Your case) and via first class mail, postage prepaid to the mailing address that You provide to Bullszi at the execution of this Agreement and as is modified through written notice to Bullszi from time to time.. Notice shall be deemed given twenty four (24) hours after email is sent, unless Bullt the email address is invalid.

12.7 ASSIGNMENT

You shall not assign, transfer or delegate this Agreement or any rights or obligations hereunder. Any assignment, transfer or delegation in contravention of the foregoing provision shall be null and void. You agree that this Agreement may be assigned by Bullszi, in Bullszi's sole discretion.

12.8 NO THIRD PARTY BENEFICIARY

You acknowledge and agree that nothing herein, express or implied, is intended to nor shall be construed to confer upon or give to any person, other than the parties, any interests, rights, remedies or other benefits with respect to or in connection with any agreement or provision contained herein or contemplated hereby.

12.9 SEVERABILITY, WAIVER

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed void and all remaining provisions shall be enforced. Bullszi's failure to act with respect to a breach by You or others does not waive Bullszi's right to act with respect to subsequent or other matters.

12.10 CONSTRUCTION

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. When used in this Agreement, the term “including” means “including without limitation,” unless expressly stated to the contrary.

12.11 SURVIVAL

Sections  2.2 (Fees) with respect to any outstanding fees owed for the Services, 6 (Disclaimer of Warranties), 7 (Limitation of Liability), 8 (Indemnity), 9 (Customer Data, Your Data, & Privacy Policy), 11.3 (Rights upon Termination), and 12 (General) shall survive any termination or expiration of this Agreement.

12.12 DISCLOSURES

The services hereunder are offered by Bullszi.com. located at 291 High Street, Cumberland, RI 02864.

12.13 ADDITIONAL TERMS

The following policies are incorporated into this Agreement by reference and provide additional terms and conditions related to the Services offered by Bullszi:
1.     Privacy Policy 
Each of these policies may be amended from time to time and the amended policies shall be automatically effective thirty (30) days after they are initially posted on the Bullszi Site. In addition, when using particular services on the Bullszi Site, You agree that You are subject to any posted policies or rules applicable to services You use through the Bullszi Site, which may be posted from time to time. All such posted policies or rules are hereby incorporated by reference into this Agreement.

12.14 ENTIRE AGREEMENT

This Agreement sets forth the entire understanding and agreement between You and Bullszi with respect to the subject matter hereof.

 

All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2009 Bullszi.com, with all rights reserved, or is the property of Bullszi.com and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Bullszi.com is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Bullszi.com.
Bullszi™ and Bullszi.com™ are proprietary marks of Bullszi.com. Bullszi.com’s trademarks may not be used in connection with any product or service that is not provided by Bullszi.com, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Bullszi.com.
All other trademarks displayed on Bullszi.com’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Bullszi.com.

14. CONTACTS

Bullszi.com
291 High Street
Cumberland, RI 02864

By email: info@bullszi.com