By using this website or installing its corresponding mobile application (collectively the "application"), you (the "user") accept these terms and conditions of use (collectively "term" and "terms").
These terms constitute a binding agreement, governing the use of the application, between users and Find Biz Data, a Hawaii-based company, defined below in section 1. Find Biz Data reserves all rights not expressly granted to the user in this agreement.
By downloading, installing, or using the application, the user acknowledges and agrees to be bound by these terms. By accepting these terms, the user understands continued use of the application signifies continued acceptance of these terms and any changes to them.
"www.findbizdata.com" means FIND BIZ DATA LLC, a limited liability company based in Hawaii, and all parent companies, subsidiaries, affiliates, or related companies that are either owned (partially or wholly) by FIND BIZ DATA, LLC or that own (partially or wholly) FIND BIZ DATA, LLC, either now or in the future. Collectively, Find Biz Data, LLC, and all such parent companies, subsidiaries, affiliates, or related companies shall be referred to herein as "FIND BIZ DATA."
As referenced herein, a company shall be deemed to be related to another company if the first company is:
"Partner" means any User who can add or market their product by using FIND BIZ DATA.
"Customer" means any User accessing the Application to search any kind of Business Info or Best Hot Deal of any kind of product.
"Ratings" mean any reviews or comments about Workers or Contractors submitted by the User to the Application.
The Terms incorporate and supplement other terms, conditions, and policies of FIND BIZ DATA, including without limitation the following related terms, conditions, and other policies, the location, and terms of which may be changed from time-to-time
FIND BIZ DATA reserves the right to change such terms in such Terms of Use, Privacy Statement, and Cookies Policy, and/or discontinue the Application's features at any time and without notice to the User.
Should any provisions in the Terms of Use, Privacy Statement, and Cookies Policy listed above conflict with these Terms, these Terms shall control, to the extent such provisions apply to the Application.
The Application is licensed to the User. FIND BIZ DATA grants to User a limited, non-exclusive, non-transferable, and revocable license to use the Application ("User License") on a computing device that User owns or controls, and for downloadable mobile applications, subject to any other applicable terms of the digital application store through which User acquired the Application ("Store Terms").
User may not rent, lease, lend, sell, redistribute, or sub-license the Application, unless expressly authorized to do so in writing by Find Bizdata. User may not copy (except as expressly permitted by this license and the Store Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law). Any attempt to do so is a violation of the rights of FIND BIZ DATA, and if User breaches this restriction User may be subject to restraint, damages, or possible prosecution.
Any use of the Application in any other manner, including, without limitation, resale, transfer, modification, or distribution of the Application or text, product details, job/service details, product/service/information postings, work request, pictures, audio, barcodes, part identifiers, part dates, video, identifiers, dates, drawings, data, hyperlinks, displays, and other content associated with the Application ("Content") is prohibited unless User has purchased a monthly package from FIND BIZ DATA.
These Terms of the User License will govern any upgrades provided by FIND BIZ DATA that replace and/or supplement the original or current version of the Application unless such upgrade is accompanied by separate terms, in which case those terms will govern the upgraded Application.
Part of the Application may involve retrieving data from mobile devices (e.g., smartphones) using the Application, wireless tags (e.g., RFID, NFC, etc.) from third-party equipment, or other objects (collectively "Wirelessly Obtained Data"). All Wirelessly Obtained Data provided to or procured by the Application shall be exclusively owned by FIND BIZ DATA, as are any and all customer, job, or other types of lists created therefrom. Any and all title and interest of User's to such Wirelessly Obtained Data shall immediately vest to FIND BIZ DATA upon receipt of such Wirelessly Obtained Product by the Application for use by FIND BIZ DATA for any intended purpose. Wirelessly Obtained Data shall include, without limitation, all customer names, account information, job locations, job postings, job leads, wireless tag or object identifiers, location data, GPS data, historical data, service provider, emails, phone numbers, performance Ratings, or any other information that are reasonably procured to market or provide services through the Application.
Application features may use, maintain, or transmit User's personal information, including, without limitation, user names, passwords, proper names, email address, geographic address, location, Worker Ratings, Company Ratings, financial information (including credit card information), GPS location information, and information for and from FIND BIZ DATA or third party-managed software (collectively "User Information"). By acknowledging and agreeing to this Agreement, or by using the Application, User consents to the transmission of User Information to FIND BIZ DATA, including its agents, parent entity, subsidiaries, related companies, affiliates, and third-party partners, and consents to FIND BIZ DATA, including its agents, parent entity, subsidiaries, related companies, affiliates, and third-party partners receiving, collecting, storing, marketing, processing, transmitting, and using User Information for Application functionality and for any intended reason FIND BIZ DATA deems fit. Unless protected by other intellectual property rights of User, all User Information obtained by or provided to the Application shall be solely owned and immediately vest, upon transmission, to FIND BIZ DATA.
The User may retrieve information through the Application or otherwise generate content while using the Application ("User-Generated Content"). User grants FIND BIZ DATA a worldwide; irrevocable; transferrable; sub-licensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Content in any manner FIND BIZ DATA wishes.
Use of the Application is limited to the contemplated functionality of providing
FIND BIZ DATA reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Application that FIND BIZ DATA reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
User may be given access to the Application by way of one or more user log-in credentials (e.g., username, password, biometric scan, gesture or facial recognition, or the like). User assumes all liability with respect to managing access to the Application using the log-in credential(s). FIND BIZ DATA shall not be liable, and User hereby assumes all liability, for any access of data through the Application procured by unauthorized use of a log-in credential.
FIND BIZ DATA is providing the application and content to the user "as is" and "as available" without any warranties or representations, expressed or implied. the user is using the application at his or her own risk. to the fullest extent allowable under applicable law, Find Biz Data disclaims all warranties, whether express or implied, including any warranties that the application is merchantable, reliable, accurate, fit for a particular purpose or need, non-infringing or free of defects, or able to operate on an uninterrupted basis, or that the use of the application by the user is in compliance with laws, or that user information transmitted in connection with the application will be successfully, accurately or securely transmitted. Additionally, FIND BIZ DATA provides no warranties or representations, expressed or implied, in any data or other data of the application) collected by or accessible through the application for the user.
User agrees that the Application may contain or provide access to proprietary content, information, and materials that are protected by intellectual property and other laws, including but not limited to patent, copyright, trade secret, and trademark—either by FIND BIZ DATA or a third-party entity.
FIND BIZ DATA patents, trademarks, copyrights, trade secrets, and other intellectual property used in connection with the Application are wholly owned by FIND BIZ DATA (collectively "FIND BIZ DATA LLC"). Nothing in these Terms transfers ownership of any of Find Biz Data's LLC to User, unless expressly done herein or by FIND BIZ DATA.
Other trademarks, service marks, graphics, and logos used in connection with the Application are the trademarks of their respective owners (collectively "Third-Party Marks"). To the extent User supplies their own intellectual property to the Application (e.g., posting a job with a certain trademarked logo), User grants FIND BIZ DATA a non-exclusive license to use such intellectual property for the purpose of providing relevant job postings, product leads, ratings, or other information through the Application.
User shall indemnify, defend, and hold FIND BIZ DATA harmless from any claim, cause of action or liability incurred by FIND BIZ DATA as a result of third party claims for personal injury, death, or damage to property, to the extent caused by User's use of or reliance on the data provided by the Application. User also indemnifies, defends, and holds FIND BIZ DATA harmless from any intellectual property (including patent, trademark, copyright, trade secret, unfair competition, or the like) claim asserted against FIND BIZ DATA because of User's combined use of the Application with another non-authorized software service.
FIND BIZ DATA shall have the sole authority to direct the defense, settle, appeal, or otherwise manage any indemnified claim, regardless of User's indemnification obligations. Additionally, FIND BIZ DATA shall be entitled to select the legal counsel of its choosing to defend itself against any claims (actual or alleged) from third parties.
If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of FIND BIZ DATA to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
FIND BIZ DATA reserves the right to change or modify these Terms or any other FIND BIZ DATA terms, conditions, Find Biz Data, or policies related to use of the Application (including those identified in this agreement) at any time and at its sole discretion by posting revisions on the FIND BIZ DATA website (https://www.findbizdata.com) or within the Application. Continued use of the Application following the posting of these changes or modifications will constitute User's acknowledgment and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of FIND BIZ DATA shall have any legal effect as a waiver of any Terms of this Agreement.
User agrees that FIND BIZ DATA service providers, licensors, or others authorized by FIND BIZ DATA to be involved in creating or providing the Application are third party beneficiaries to this agreement and may rely upon the provisions of this agreement, including but not limited to, the provisions concerning indemnification, warranties, limited liability, intellectual property, and confidentiality.
The User License to use the Application is effective until terminated by FIND BIZ DATA, regardless of cause, or upon removal of the Application from all devices owned or controlled by User. User's rights will terminate automatically without notice from FIND BIZ DATA. Upon termination, User shall cease use of the Application and remove all downloaded versions of the Application.
Forbearance or failure of FIND BIZ DATA to enforce any of these conditions or to exercise any right will not affect or impair its rights. Nor shall forbearance be deemed a waiver of FIND BIZ DATA rights under this agreement.
These conditions supersede all other conditions and provisions and are the parties' entire agreement.
For the purposes of this Agreement, the term "Confidential Information" means and includes information provided by FIND BIZ DATA to User or its Representatives, and information that FIND BIZ DATA permits control of and/or access to by User and User's representatives, in connection with the Application, including, without limitation, any product/information/service postings, Hot Deal leads, ratings, or other data on the Application related to user Business, ratings.
With respect to a particular Party, the term "Representatives" means and includes such Party's affiliates, directors, officers, members, managers, employees, representatives (including, without limitation, financial advisors, legal counsel, consultants, and accountants), customer, and agents. User understands that its use of the Application may expose User to Confidential Information of some of FIND BIZ DATA or its customers, and User agrees to maintain such Confidential Information of FIND BIZ DATA customers in accordance with this Agreement.