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MyBiZSquare - Services Agreement

Last updated: July 2, 2022 

This MyBiZSquare Services Agreement (“Agreement”) is a legal agreement between MyBiZSquare LLC (“MyBiZSquare”, “us”, or “we”) and the entity or person (“you”, “your”, or “user”) who registered on the MyBiZSquare Account page to receive the business services that are offered by MyBiZSquare (“Service”). This Agreement describes the terms and conditions that apply to your use of the Services. 

If you do not understand any of the terms of this Agreement, please contact us before using the Services. 

You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement. 

Section A: General Terms 

1. Overview of this Agreement 

This Agreement provides a general description of the Services that MyBiZSquare provides you through MyBiZSquare application (“Platform”), which allows you to perform Order Management related functions (order tracking, invoices, payments etc, collectively “Business Activities”) with other B2B businesses doing business with you (“Your Buyers” or “Your Vendors” depending on what business activity they perform with you).  

Before using the Services, you must register with MyBiZSquare and create an account on the Platform (a “MyBiZSquare Account”). 

Section A describes the process of registering for and using your MyBiZSquare Account. 

Section B describes MyBiZSquare technology. 

Section C describes how MyBiZSquare provides Payment Processing Services. 

Section D describes the use of data generated during your use of the Services, including your Buyers’/Vendors’ data. 

Finally, Section E describes your liability to MyBiZSquare for all losses connected with your MyBiZSquare Account, your agreement to resolve all disputes with MyBiZSquare by arbitration and not in a lawsuit, and other legal terms that apply to you. 

2. Your MyBiZSquare Account 

Registration and Permitted Activities: Only B2B businesses located in the United States are eligible to register for a MyBiZSquare Account to use the Services described in this Agreement. To register for a MyBiZSquare Account, you or the person completing the registration (your “Representative”) must provide us with your business name, physical address, email, phone number, and certain other information about you that we require. 

3. Your Relationship with Your Buyers/Vendors 

You may only use the Services for legitimate Transactions with your Buyers/Vendors and you are responsible for your relationship with them. MyBiZSquare is not responsible for the products you sell to your Vendors or you purchase from your Buyers, using the Services. You affirm that you are solely responsible for the condition and quality of the products, and for delivery, support, refunds, returns, and for any other ancillary services you provide to your Buyers/Vendors. 

MyBiZSquare provides Services to you but we do not know if any particular purchase, sale, invoice, payment, inventory update or any other transaction (each a “Transaction”) is accurate or complete, or typical for your business. You are responsible for knowing whether a Transaction initiated by your Buyer/Vendor is erroneous (such as a Buyer purchasing one item when they meant to order another, or a Vendor adding incorrect charges on the invoice) or suspicious (such as unusual or large purchases or delivery charges). If you are unsure if a Transaction is erroneous or suspicious, you agree to research the Transaction and, if necessary, contact your Buyer/Vendor before fulfilling or completing the Transaction. You are solely responsible for any losses you incur due to erroneous or fraudulent Transactions in connection with your use of the Services. 

4. Fees and Fines 

MyBiZSquare will provide the Services to you at the subscription fees (“Subscription Fees”) described on the Pricing page, and incorporated into this Agreement. We may revise the Subscription Fees at any time. However, we will provide you with at least 30 days’ advance notice before revisions become applicable to you (or a longer period of notice if this is required by applicable Law).  

MyBiZSquare uses a third party as our payment processor (“Payment Processor”). Our Subscription Fees do not include the charges for payment processing (“Payment Fees”) and for other events connected with your Payment Processor Account (such as handling a disputed charge). To receive and make payments from your Buyers/Vendors you will directly set up a connection with Payment Processor from within the MyBiZSquare Platform. MyBiZSquare does not have any visibility or access to any information about your Credit Card, ACH or any other means of payment or bank account. MyBiZSquare does not add any commission to the Payment Fees that Payment Processor charges. Any changes to the Payment Fees in beyond our control and you will need to work directly with Payment Processor to resolve any conflicts. 

You are obligated to pay all taxes, customs, duties, fees and other charges imposed by any governmental authority (“Taxes”), including any value added tax, goods and services tax, provincial sales tax and/or, harmonized sales tax, and/or withholding tax on the Services provided under this Agreement. You agree MyBiZSquare is not responsible for assessing, collecting, reporting, or remitting any Taxes on any goods that you sell using the Services under this Agreement and/or on any payments or payouts you make to any third party through the Services. 

5. Services and MyBiZSquare Account Support 

We will provide you with support to resolve general issues relating to your MyBiZSquare Account and your use of the Services. This support includes resources and documentation that we make available to you through the current versions of MyBiZSquare’s support pages, and other pages on our website (collectively, “Documentation”). 

You are solely responsible for providing support to your Buyers/Vendors regarding any of your Business Activities using MyBiZSquare’s Services. We are only responsible for providing support on the technicality and functionality of the Platform and not on any of your or your Buyers’/Vendors’ business activities or products. 

6. Service Requirements, Limitations and Restrictions 

a. Compliance with Applicable Laws: You must use the Services in a lawful manner, and must obey all laws, rules, and regulations (“Laws”) applicable to your use of the Services and to Transactions.  

b. Restricted Businesses and Activities: You may not use the Services to enable any person (including you) to benefit from any activities MyBiZSquare has identified as a restricted business or activity (collectively, “Restricted Businesses”).  

Please review the list of Restricted Businesses thoroughly before registering for and opening a MyBiZSquare Account. We reserve the right to or update the Restricted Business List at any time. 

Refer to Appendix A at the bottom of this Services Agreement for a representative list of Restricted and Prohibited Businesses’ list 

c. Other Restricted Activities: You may not allow, and may not allow others to: (i) access or attempt to access non-public MyBiZSquare systems, programs, data, or services; (ii) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way, any data, content, or any part of the Services, Documentation, or our website except as expressly permitted by applicable Laws;  (iii) transfer any rights granted to you under this Agreement; (iv) work around any of the technical limitations of the Services or enable functionality that is disabled or prohibited; (v) reverse engineer or attempt to reverse engineer the Services except as expressly permitted by Laws; or (vi) perform or attempt to perform any actions that would interfere with the normal operation of the Services or affect use of the Services by our other users. 

7. Disclosures and Notices; Electronic Signature Consent 

a. Consent to Electronic Disclosures and Notices: By registering for a MyBiZSquare Account, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from MyBiZSquare (“Notices”), including those required by Law. You also agree that your electronic consent will have the same legal effect as a physical signature. 

b. Methods of Delivery: You agree that MyBiZSquare can provide Notices regarding the Services to you through our website or by mailing Notices to the email or physical addresses identified in your MyBiZSquare Account. Notices may include notifications about your MyBiZSquare Account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to our website or emailed to you. 

d. Requirements for Delivery: You will need a computer or mobile device, internet connectivity, and an updated browser to access and review the Notices provided to you.  

8. Termination 

a. Term and Termination: This Agreement is effective upon the date you first access or use the Services and continues until terminated by you or MyBiZSquare. You may terminate this Agreement by unselecting your consent located on the profile page in the Platform. If you re-select the consent again or register for another MyBiZSquare Account, you are consenting to this Agreement. We may terminate this Agreement or close your MyBiZSquare Account at any time for any reason (including, but not limited to, for you conducting a Business Activity that is in our Restricted Businesses list) by providing you Notice. We may suspend your MyBiZSquare Account or terminate this Agreement, if (i) we determine that you are ineligible for the Services because of any risks associated with your MyBiZSquare Account; (ii) you use the Services in a prohibited manner or otherwise do not comply with any of the provisions of this Agreement; (iii) any Law, or Payment Processor requires us to do so; or (iv) we are otherwise entitled to do so under this Agreement. Payment Processor may terminate your ability to accept or make payments, at any time and for any reason, in which case you will no longer be able to accept make/receive payments under this Agreement. 

b. Effects of Termination: Termination does not immediately relieve you of obligations incurred by you under this Agreement. Upon termination, you agree to (i) complete all pending Transactions, (ii) stop accepting new Transactions, and (iii) immediately remove all MyBiZSquare and payment network logos from your website. Your continued or renewed use of the Services after all pending Transactions have been processed serves to renew your consent to the terms of this Agreement. If you terminate this Agreement, we will pay out any remaining funds owed to you. 

In addition, upon termination you understand and agree that (i) all licenses granted to you by MyBiZSquare under this Agreement will end; (ii) we reserve the right (but have no obligation) to delete all of your information and account data stored on our servers; (iii) we will not be liable to you for compensation, reimbursement, or damages related to your use of the Services, or any termination or suspension of the Services or deletion of your information or account data; and (iv) you are still liable to us for any Fees or fines, or other financial obligation incurred by you or through your use of the Services prior to termination. 

Section B: MyBiZSquare Technology 

1. Ownership of MyBiZSquare Intellectual Property 

MyBiZSquare exclusively owns all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in the  Services, and Documentation (collectively, “MyBiZSquare Intellectual Property”) or any copies thereof. MyBiZSquare Intellectual Property is protected by copyright, trade secret, patent, and other intellectual property Laws, and all rights in MyBiZSquare Intellectual Property not expressly granted to you in this Agreement are reserved. 

If you submit an idea to us for improving the Platform (“Idea”), we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that MyBiZSquare has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Idea without any attribution or compensation to you. 


2. License 

You are granted a nonexclusive and nontransferable license to electronically access and use the MyBiZSquare Intellectual Property only in the manner described in this Agreement. MyBiZSquare does not sell to you, and you do not have the right to sublicense the MyBiZSquare Intellectual Property. We may make updates to the MyBiZSquare Intellectual Property or new Services available to you automatically as electronically published by MyBiZSquare, but we may require action on your part before you may use the MyBiZSquare Intellectual Property or new Services (including acceptance of new or additional terms). MyBiZSquare may revoke or terminate this licence at any time if you use MyBiZSquare Intellectual Property in a manner prohibited by this Agreement. 

You may not: (i) claim or register ownership of MyBiZSquare Intellectual Property on your behalf or on behalf of others; (ii) sublicense any rights in MyBiZSquare Intellectual Property granted by us; (iii) import or export any MyBiZSquare Intellectual Property to a person or country in violation of any country’s export control Laws; (iv) use MyBiZSquare Intellectual Property in a manner that violates this Agreement or Laws; or (v) attempt to do any of the foregoing. 


3. References to Our Relationship 

During the term of this Agreement, you may publicly identify us as the provider of the Services to you and we may publicly identify you as a MyBiZSquare user. If you do not want us to identify you as a user, please contact us. Neither you nor we will imply any untrue sponsorship, endorsement, or affiliation between you and MyBiZSquare. Upon termination of your MyBiZSquare Account, both you and MyBiZSquare will remove any public references to our relationship from our respective websites. 


4. Content 

You may use the Services to upload or publish text, images, and other content (collectively, “Content”) to your MyBiZSquare Account but only if you agree to obtain the appropriate permissions and, if required, licenses to upload or publish any such Content using the Services. You agree to fully reimburse MyBiZSquare for all fees, fines, losses, claims, and any other costs we may incur that arise from publishing illegal Content through the Services, or claims that Content you published infringes the intellectual property, privacy, or other proprietary rights of others. 

Section C: Payment Processing Services 

MyBiZSquare is not a payment processor. We use a third-party payment processor (“Payment Processor”) and You may need to agree to the terms and conditions of Payment Processor prior to using their services. It is your responsibility to read and agree to Payment Processor’s Agreements 

MyBiZSquare does not have any visibility or access to any information about your credit card, ACH, any other means of payment or bank account. MyBiZSquare does not add any commission to the Payment Fees that Payment Processor charges. 

Section D: Data Usage, Privacy, and Security 


1. Data Usage Overview 

This section describes our respective obligations (Ours and Yours) when handling and storing information connected with the Services. The following terms used in this section relate to data provided to MyBiZSquare by you or your Customers/Vendors, or received or accessed by you through your use of the Services: 

“Payment Data” means payment method details (account number, expiraton date, CVV etc), information communicated to or by Payment Processor, financial information specifically regulated by Laws and Payment Method Rules, and any other information used with the Payment Processing Services to complete a Transaction. 

“Personal Data” means information that identifies a specific living person (not a company, legal entity, or machine) and is transmitted to or accessible through the Services. 

“User Data” means information that describes your business and its operations, your products or services, and orders placed by Buyers, invoices raised by Vendors, your inventory details etc. 

The term “Data” used without a modifier means all Personal Data, User Data, and Payment Data. 

MyBiZSquare processes, analyzes, and manages Data to: (a) provide Services to you and Your Buyers/Vendors; and (b) analyze, develop and improve our system. We do not provide Personal Data or User Data to any other parties for any purposes. Payment Data is directly stored in Payment Processor’s systems. It is Payment Processor’s responsibility to keep their systems compliant with the applicable rules and regulations, and your consent on how Your Payment Data is used will be directly with Payment Processor. You understand and consent to MyBiZSquare’s use of Data for the purposes and in a manner consistent with this Section D. 

Section E: Additional Legal Terms 

1. Right to Amend 

We have the right to change or add to the terms of this Agreement at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of the Services by posting such changes on our website. We will provide you with Notice of any changes via email, or through other reasonable means. If you are an existing MyBiZSquare user, the changes will come into effect 2 weeks after we post the changes to our website, and your use of the Services more than 2 weeks after we publish any such changes on our website constitutes your acceptance of the terms of the modified Agreement. You can access a copy of the current terms of this Agreement on the Platform at any time. You can find out when this Agreement was last changed by checking the “Last updated” date at the top of the Agreement. 

2. Third-Party Services 

Except as expressly stated in this Agreement, nothing in this Agreement serves to establish a partnership, joint venture, or other agency relationship between you and us.  

We may reference or provide access to third-party services, products, and promotions that utilize, integrate, or provide ancillary services to the Services (“Third-Party Services”). These Third-Party Services are provided for your convenience only and do not constitute our approval, endorsement, or recommendation of any such Third-Party Services for you. You access and use any Third-Party Service based on your own evaluation and at your own risk. You understand that your use of any Third-Party Service is not governed by this Agreement. If you decide to use a Third-Party Service, you will be responsible for reviewing, understanding and accepting the terms and conditions associated with its use. We expressly disclaim all responsibility and liability for your use of any Third-Party Service. Please also remember that when you use a Third-Party Service, our Privacy Policy is no longer in effect. Your use of a Third-Party Service, including those that have a link on our website, is subject to that Third-Party Service’s own terms of use and privacy policies. 

3. Force Majeure 

Neither party will be liable for any delays in processing or other nonperformance caused by telecommunications, utility, failures, or equipment failures; labor strife, riots, war, or terrorist attacks; nonperformance of our vendors or suppliers, fires or acts of nature; or any other event over which the respective party has no reasonable control. However, nothing in this section will affect or excuse your liabilities or your obligation to pay Fees, Fines, Disputes, Refunds, Reversals, or Returns under this Agreement. 

4. Your Liability for Third-Party Claims Against Us 

Without limiting, and in addition to, any other obligation that you may owe under this Agreement, you are at all times responsible for the acts and omissions of your employees, contractors and agents, to the extent such persons are acting within the scope of their relationship with you. 

You agree to defend MyBiZSquare against any claim, suit, demand, loss, liability, damage, action, or proceeding (each, a “Claim”) brought by a third party against MyBiZSquare, and you agree to fully reimburse MyBiZSquare for any Claims that results from: (i) your breach of any provision of this Agreement; (ii) any Fees, Fines, Disputes, Refunds, Reversals, Returns, or any other liability we incur that results from your use of the Services; (iii) your negligent or willful misconduct, or the negligent or willful misconduct of your employees, contractors, or agents; or (iv) contractual or other relationships between you and Buyers/Customers. 

Important Note for Sole Proprietors: If you are using Services as a sole proprietor, please keep in mind that the Law and the terms of this Agreement consider you and your business to be legally one and the same. You are personally responsible and liable for your use of the Services, payment of Fees, Refunds, Reversals, Fines, losses based on Disputes or fraud, or for any other amounts you owe under this Agreement for your failure to use Security Controls, and for all other obligations to us and to your Buyers/Vendors. You risk personal financial loss if you fail to pay any amounts owed. 

5. Representations and Warranties 

By accepting the terms of this Agreement, you represent and warrant that: (a) you are eligible to register and use the Services and have the authority to execute and perform the obligations required by this Agreement; (b) any information you provide us about your business, products, or services is accurate and complete; (c) you will fulfill all of your obligations to Buyers/Customers and will resolve all Disputes with them; (d) you will comply with all Laws applicable to your business and use of the Services; (e) your employees, contractors and agents will at all times act consistently with the terms of this Agreement; and (f) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner that interferes with the normal operation of the Services. 

6. No Warranties 

We provide the services and MyBiZSquare IP “AS IS” and “AS AVAILABLE”, without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, noninfringement, or any other type of warranty or guarantee. No data, documentation or any other information provided by MyBiZSquare or obtained by you from or through the MyBiZSquare services, and whether oral or written – creates or implies any warranty from MyBiZSquare to you. 

You affirm that MyBiZSquare does not control the products or services that you offer or sell or that your Buyers purchase. You understand that we cannot guarantee and we disclaim any knowledge that your Buyers/Vendors possess the authority to make, or will complete, any transaction. 

MyBiZSquare disclaim any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the services; (b) that the services will meet your specific business needs or requirements; (c) that the services will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that MyBiZSquare will correct any defects or errors in the service, documentation, or data; or (e) that the services are free of viruses or other harmful code. Use of data you access or download through the services is done at your own risk – you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access or download. You understand that MyBiZSquare makes no guarantees to you regarding transaction processing times or payout schedules. 

Nothing in this agreement operates to exclude, restrict or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law where to do so would: (a) contravene that law; or (b) cause any term of this agreement to be void. 

7. Limitation of Liability 

Under no circumstances will MyBiZSquare be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Services or for the unavailability of the Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to this Agreement or your use of the Services, even if such damages are foreseeable, and whether or not you or MyBiZSquare have been advised of the possibility of such damages. MyBiZSquare is not liable, and denies responsibility for, any damages, harm, or losses to you arising from or relating to hacking, tampering, or other unauthorized access or use of the Services, your MyBiZSquare Account, or Data, or your failure to use or implement anti-fraud measures, Security Controls, or any other data security measure. MyBiZSquare further denies responsibility for all liability and damages to you or others caused by (a) your access or use of the Services inconsistent with the Documentation; (b) any unauthorized access of servers, infrastructure, or Data used in connection with the Services; (c) interruptions to or cessation of the Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Services; (e) any errors, inaccuracies, omissions, or losses in or to any Data provided to us; (f) third-party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others. 

You agree to limit any additional liability not disclaimed or denied by MyBiZSquare under this Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of Fees paid by you to MyBiZSquare during the three-month period immediately preceding the event that gave rise to your claim for damages. Since MyBiZSquare processes payments through a third-party Payment Processor, you also agree that for any payment related claims you will directly work with the Payment Processor following their terms and conditions, and MyBiZSquare does not have any responsibility to work on resolving such claims or conflicts. 

These limitations on our liability to you will apply regardless of the legal theory on which your claim is based, including contract, tort (including negligence), strict liability, or any other theory or basis. 

We provide the Services from facilities in the United States. We do not claim, and we cannot guarantee that Services we provide from the United States are or will be appropriate or available for any other location or jurisdiction, comply with the Laws of any other location or jurisdiction, or comply with Laws governing export, import, or foreign use. 

8. Responding to Legal Process 

MyBiZSquare may respond to and comply with any writ of attachment, lien, levy, subpoena, warrant, or other legal order (“Legal Process”) that we believe to be valid. Where permitted by Law, we will make reasonable efforts to provide you Notice of such Legal Process by sending a copy to the email address we have on file for you. MyBiZSquare is not responsible for any losses, whether direct or indirect, that you may incur as a result of our response or compliance with a Legal Process. 

9. Dispute Resolution; Agreement to Arbitrate 

a. Binding Arbitration: In the event that there is a dispute, claim or controversy arising out of or relating to statutory or common law claims, the breach, termination, enforcement, interpretation or validity of any provision of this Agreement, and the determination of the scope or applicability of your agreement to arbitrate any dispute, claim or controversy originating from this Agreement, but specifically excluding any dispute principally related to either party’s intellectual property, will be determined by arbitration in Seattle, WA before a single arbitrator. The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules. The Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply for cases in which no disclosed claim or counterclaim exceeds $75,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs). Where no party’s claim exceeds $25,000 (exclusive of interest, attorneys’ fees and arbitration fees and costs), and in other cases in which the parties agree, Section E-6 of the Expedited Procedures of the American Arbitration Association’s Commercial Arbitration Rules will apply. The arbitrator will apply the substantive law of the State of Washington, exclusive of its conflict or choice of law rules. If the American Arbitration Association is no longer in business, or refuses or declines to administer any dispute between the parties brought before it, either party may petition the United States District Court for the Western District of Washington to appoint the arbitrator. Nothing in this paragraph will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provisions in this paragraph referencing applicable substantive law, the Federal Arbitration Act (9 U.S.C. §§ 1-16) will govern any arbitration conducted pursuant to the terms of this Agreement. 

Either party may commence arbitration by providing to the American Arbitration Association and the other party to the dispute a written demand for arbitration, setting forth the subject of the dispute and the relief requested. 

b. Service of Process: Each party hereby irrevocably and unconditionally consents to service of process through personal service at their corporate headquarters, registered address, or primary address (for individuals or sole proprietors). Nothing in this Agreement will affect the right of any party to serve process in any other manner permitted by Law. 

c. Class Waiver: To the fullest extent permitted by Law, each of the parties agrees that any dispute arising out of or in connection with this Agreement, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim or dispute proceeds in court rather than through arbitration, each party knowingly and irrevocably waives any right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement or any of the transactions contemplated between the parties. 

d. Provision of an Award: Subject to the limitations of liability identified in this Agreement, the appointed arbitrators may award monetary damages and any other remedies allowed by the laws of the State of Washington. In making a determination, the arbitrator will not have the authority to modify any term or provision of this Agreement. The arbitrator will deliver a reasoned written decision with respect to the dispute (the “Award”) to each party, who will promptly act in accordance with the Award. Any Award (including interim or final remedies) may be confirmed in or enforced by a state or federal court located in Seattle, Washington. The decision of the arbitrator will be final and binding on the parties, and will not be subject to appeal or review. 

e. Fees: Each party will advance one-half of the fees and expenses of the arbitrators, the costs of the attendance of the arbitration reporter at the arbitration hearing, and the costs of the arbitration facility. In any arbitration arising out of or related to this Agreement, the arbitrators will award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with those aspects of its claims or defenses on which it prevails, and any opposing awards of costs and legal fees awards will be offset. 

f. Confidentiality: The parties will maintain the confidential nature of the arbitration proceeding, the hearing and the Award, except (i) as may be necessary to prepare for or conduct the arbitration hearing on the merits, (ii) in connection with a court application as contemplated above for a preliminary remedy, or confirmation of an Award or its enforcement, (iii) our disclosure of the Award in confidential settlement negotiations, or (iv) as otherwise required by applicable Laws. The parties, witnesses, and arbitrator will treat as confidential and will not disclose to any third person (other than witnesses or experts) any documentary or other evidence produced in any arbitration hereunder, except as required by Law or except if such evidence was obtained from the public domain or was otherwise obtained independently from the arbitration. 

g. Conflict of Rules: In the case of a conflict between the provisions of this Section E.11.g and the rules governing arbitration identified in Section E.11.a, the provisions of this Section E.11.g will prevail. If any provision of this Agreement to arbitrate is held invalid or unenforceable, it will be so held to the minimum extent required by Law and all the other provisions will remain valid and enforceable. 

10. Entire Agreement 

This Agreement and all policies and procedures that are incorporated by reference constitute the entire agreement between you and MyBiZSquare for provision and use of the Services. Except where expressly stated otherwise in a writing executed between you and MyBiZSquare, this Agreement will prevail over any conflicting policy or agreement for the provision or use of the Services. This Agreement sets forth your exclusive remedies with respect to the Services. If any provision or portion of this Agreement is held to be invalid or unenforceable under Law, then it will be reformed and interpreted to accomplish the objectives of such provision to the greatest extent possible, and all remaining provisions will continue in full force and effect. 

11. Cumulative Rights, Construction, Waiver 

The rights and remedies of the parties under this Agreement are cumulative, and either party may enforce any of its rights or remedies under this Agreement, along with all other rights and remedies available to it at Law, in equity or under the Payment Method Rules. No provision of this Agreement will be construed against any party on the basis of that party being the drafter. Unless expressly stated otherwise, the use of the term “including” or “such as” is not to be interpreted as limiting the generality of the text preceding the term. The failure of either party to enforce any provision of this Agreement will not constitute a waiver of that party’s rights to subsequently enforce the provision. 

14. Survival 

All provisions of this Agreement that give rise to a party’s ongoing obligation will survive termination of this Agreement. 

Appendix A: Restricted and Prohibited Businesses 

Prohibited Businesses 

You must not use MyBiZSquare‘s services for the selling/purchasing the following activities. 

Illegal products and services 

  • Illegal drugs, substances designed to mimic illegal drugs, and equipment designed for making or using drugs 

  • Fake references or ID-providing services 

  • Telecommunications manipulation equipment including jamming devices 

  • Any other products or services that are in violation of law in the jurisdictions where your business is located or targeted to 

Products and services that infringe intellectual property rights 

  • Sales or distribution of music, movies, software, or any other licensed materials without appropriate authorization 

  • Counterfeit goods; illegally imported or exported products 

  • Unauthorized sale of brand name or designer products or services 

  • Any other products or services that directly infringe or facilitate infringement upon the trademark, patent, copyright, trade secrets, proprietary or privacy rights of any third party 

Adult content and services 

  • Pornography and other mature audience content (including literature, imagery and other media) depicting nudity or explicit sexual acts 

  • Adult services including prostitution, escorts, pay-per view, sexual massages, and adult live chat features 

  • Adult video stores 

  • Gentleman's clubs, topless bars, and strip clubs 

Firearms, explosives and dangerous materials 

  • Guns, gunpowder, ammunition, weapons, fireworks and other explosives 

  • Peptides, research chemicals, and other toxic, flammable and radioactive materials 


  • Lotteries 


  • Cannabis products 

  • Cannabis dispensaries and related businesses 

  • Products containing any amount of CBD/THC 

Misuse of MyBiZSquare products 

  • Use of MyBiZSquare products with false, manipulated, inaccurate, or misleading information regarding your identity, business entity, and any other information requested by MyBiZSquare (you must inform update immediately of any changes to your personal and business information) 

  • Use of MyBiZSquare intellectual property without prior written consent from MyBiZSquare; use of the MyBiZSquare name or logo including use of MyBiZSquare trade or service marks inconsistent with the MyBiZSquare Marks Usage Agreement, or in a manner that otherwise harms the MyBiZSquare brand; any action that implies an untrue endorsement by or affiliation with MyBiZSquare. 


The types of businesses listed above are representative but not exhaustive. 

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