Business eXcellence International Inc. (Business eXcellence) is a community of businesses tightly coupled with business applications to support the growth of those businesses. At Business eXcellence we recognize the importance of integrating Social media into the workplace and hence our business applications are built on top of Social media platforms and our own verified business community.
Our vision is to provide business to verified business, role-based access for digital marketing, sales, procurement and performance management. Our mission is to connect the world’s businesses through advanced, next generation business applications designed to increase revenue, reach, margin and client/prospect understanding.
1.2. Scope and Intent
When you use Business excellence's services, you are entering into a legal agreement and you agree to all of these terms.
2. Your Obligations
2.1. Applicable laws and this Agreement
Some promises you make to us in this Agreement:
You will follow the law and Business eXcellence’s rules.
You must comply with all applicable laws and this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in the following sections:
- Section 10: Business eXcellence Do and Don'ts Section 11: Complaints Regarding Content Posted on the Business eXcellence Website;
2.2. License and warranty for your submissions to Business eXcellence
You still own what you own, but you grant us a license to the content and/or information you provide us. As between you and Business eXcellence, you own the content and information you provide Business eXcellence under this Agreement unless it was copied or stored by other users. Additionally, you grant Business eXcellence a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicense-able, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Business eXcellence, including, but not limited to, any user generated content, ideas, concepts, techniques and/or data to the services, you submit to Business eXcellence, without any further consent, notice and/or compensation to you or to any third parties. We will respect the choices you make about who gets to see your information and content.
Pursuant to this license, Business eXcellence may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them. You promise to only provide us information and content that you have the right to give us and you promise that your Business eXcellence profile will be truthful.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
It is your responsibility to keep your Business eXcellence profile information accurate and updated.
2.3. Service Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you:
- are the “Minimum Age” (defined below) or older;
- are not currently restricted from the Services, or not otherwise prohibited from having a Business eXcellence account;
- are not a competitor of Business eXcellence or are not using the Services for reasons that are in competition with Business eXcellence;
- will only maintain one Business eXcellence account at any given time;
- will use your real name and company name and only provide accurate information to Business eXcellence;
- have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party;
- will not violate any rights of Business eXcellence or third party, including intellectual property rights such as copyright or trademark rights; and
- agree to provide at your cost all equipment, software, access, and internet access necessary to use the Services.
2.4. Your Membership
The profile you create on Business eXcellence will become part of Business eXcellence and except for the content and information that you license to us is owned by Business eXcellence. However, between you and others, your account belongs to you. You agree to:
- keep your password secure and confidential;
- not permit others to use your account;
- not use other’s accounts;
- not sell, trade, or transfer your Business eXcellence account to another party; and
- not charge anyone for access to any portion of Business eXcellence, or any information therein.
Further, you are responsible for anything that happens through your account until you inform Business eXcellence to close down your account or prove that your account security was compromised due to no fault of your own. To close your Business eXcellence, please inform us to do so by putting forward your request in the Feedback and Support page provided on the left side bar.
You will pay us for any losses that you cause.
You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by
- your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws,
- any content you submit to the Services, and
- any activity in which you engage on or through Business eXcellence.
2.6. Notify us of acts contrary to the Agreement
If you think you have to breach this Agreement, you will let us know beforehand.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
2.7. Notifications and Service Messages
You are okay with us providing you with important notices through our websites or email.
The contact information you provide must be accurate or you may not receive important notices.
For purposes of service messages and notices about the Services, Business eXcellence may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Business eXcellence to an email address associated with your account, even if we have other contact information. You also agree that Business eXcellence may communicate with you through your Business eXcellence account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Business eXcellence account or services associated with Business eXcellence. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
2.8. Business eXcellence Applications
This Agreement applies to existing and/or potential mobile applications as well. Also, you agree certain additional information can be shared with us.
Business eXcellence may offer the Services through applications built using Business eXcellence’s platform (“Business eXcellence Applications”). Business eXcellence Applications are distinct from third party Platform Applications addressed in Section 4.2. If you use a Business eXcellence Application or interact with a website that has deployed a plugin, you agree that information about you and your use of the Services, including, but not limited to, your device, your mobile carrier, your internet access provider, your physical location, or web pages containing Business eXcellence plugins that load in your browser may be communicated to us. Further, by importing any of your Business eXcellence data through the Business eXcellence Application, you represent that you have authority to share the transferred data with your mobile carrier or other access provider. You acknowledge you are responsible for all charges and necessary permissions related to accessing Business eXcellence through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices. Finally, by using any downloadable application to enable your use of the Services, you are explicitly confirming your acceptance of the terms of the End User License Agreement associated with the application provided at download or installation, or as may be updated from time to time.
2.9. User-to-User Communication and Sharing
Business eXcellence offers three distinct ways to communicate and share.
- Business eXcellence allows each business to have a Business Profile Page, as well as a page for each Product or Service, plus a page for each employee granted access. Content creation is the responsibility of the Business to create and all of this information is public.
- Business eXcellence support a variety of "actions" that each user, based on their role, may perform. Examples include Publish Content, Like and Dislike a product or service, Comments, and Comment Replies. These actions are also in the public domain, tied to the user who created them.
- Business eXcellence supports private Conversations between users on Community X. These conversations are only viewable by the sender, the receiver, and selected, authorised personnel in both the sender's and receiver's businesses. Business eXcellence, in its sole discretion, may close or remove content from them or from anywhere Business eXcellence if the content violates this Agreement or others’ intellectual property rights.
Please note that ideas you post and information you share may be seen and used by other Members or, if public, by Visitors and Business eXcellence cannot guarantee that other Members will or will not use the ideas and information that you share on Business eXcellence, nor the manner of use. Therefore, if you have an idea or information that you would like to keep confidential or don’t want others to use, or that is subject to third party rights that may be infringed by your sharing it, do not post it to any Business eXcellence Group, into your Network Updates, or elsewhere on Business eXcellence.
2.11. Export Control
Your use of Business eXcellence services, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
2.12. Contributions to Business eXcellence
By submitting suggestions or other feedback regarding our Services ("Contributions") in any way to Business eXcellence, you acknowledge and agree that:
- your Contributions do not contain confidential or proprietary information;
- Business eXcellence is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
- Business eXcellence shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide;
- Business eXcellence may have something similar to the Contributions already under consideration or in development;
- you irrevocably non-exclusively license to Business eXcellence rights to exploit your Contributions; and
- you are not entitled to any compensation or reimbursement of any kind from Business eXcellence under any circumstances.
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do and Don’ts listed in Section 10, we grant you a limited, revocable, nonexclusive, nonassignable, nonsublicenseable license and right to access the Services, through a generally available web browser, mobile device or Business eXcellence authorized application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Business eXcellence or its Members), to view content and information and otherwise use the Services, to the extent intended and permitted by the functionality thereof, the Members’ settings and your degree of connection with them, in accordance with this Agreement. Any other use of Business eXcellence contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Business eXcellence commercially unless expressly authorized by Business eXcellence) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Business eXcellence and all related items, including any and all copies made of the Business eXcellence websites.
4. Our Rights & Obligations
4.1. Services Availability
For as long as Business eXcellence continues to offer the Services, Business eXcellence shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Business eXcellence as it may exist and be available on any given day and we have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Business eXcellence, partially or entirely, or change and modify prices prospectively for all or part of the Services for you or for all our Members in our sole discretion. All of these changes shall be effective upon their posting on Business eXcellence or by direct communication to you unless otherwise noted.
Business eXcellence further reserves the right to withhold, remove or discard any content available as part of your account, with or without notice if deemed by Business eXcellence to be contrary to this Agreement. For avoidance of doubt, Business eXcellence has no obligation to store, maintain or provide you a copy of any content that you or other Members provide when using the Services. Business eXcellence may be required by local laws to remove certain information or content and so that information or content may not be available on our Service in those countries.
4.2. Third Party Content, Sites and Developers
By using the Services, you may be exposed to other Members’ or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review or filter such content. You agree and acknowledge that we are not responsible for other Members’ or third party content or information or for any damage of any kind incurred as result of your reliance thereon.
4.3. Disclosure of User Information
- comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures;
- enforce this Agreement;
- respond to claims of a violation of the rights of third parties, whether or not the third party is a Member, individual, or government agency;
- respond to customer service inquiries; or
- protect the rights, property, or personal safety of Business eXcellence, our Members or the public.
4.4. Connections and Interactions with other Members
You are solely responsible for your interactions with other Members. Business eXcellence may limit the number of connections you may have to other Members and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Business eXcellence reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Business eXcellence determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
4.5. Intellectual Property Notices
The Services include the copyrights and Intellectual property rights of Business eXcellence and except for the limited license granted to you in Section 3, Business eXcellence reserves all of its intellectual property rights in the Services. Business eXcellence, Business eXcellence (stylized), and “in” logos and other Business eXcellence trademarks, service marks, graphics, and logos used in connection with Business eXcellence are trademarks or registered trademarks of Business eXcellence or Business eXcellence Affiliates in Canada and/or other countries. Other trademarks and logos used in connection with Business eXcellence may be the trademarks of their respective owners. This Agreement does not grant you any right or license with respect to any such trademarks and logos.
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you. Do not rely on Business eXcellence or its suppliers, any information therein, or its continuation. We provide the platform for Business eXcellence and all information and services on an “as is” and “as available” basis. Business eXcellence does not control or vet user generated content for accuracy. We do not provide any express warranties or representations. To the fullest extent permissible under applicable law, Business eXcellence and its suppliers disclaim any and all implied warranties and representations, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and noninfringement. if you are dissatisfied or harmed by business excellence or anything related to Business eXcellence, you may close your Business eXcellence account and terminate this agreement in accordance with section 7 (“termination”) and such termination shall be your sole and exclusive remedy. Business eXcellence is not responsible, and makes no representations or warranties for the delivery of any messages (such as Conversations, Comments, Comment Replies, Content Published, or transmission of any other user generated content) sent through Business eXcellence to anyone. In addition, we neither warrant nor represent that your use of the services will not infringe the rights of third parties. Any material, service, or technology described or used on our websites may be subject to intellectual property rights owned by third parties who have licensed such material, service, or technology to us. Business eXcellence does not have any obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore, Business eXcellence disclaims all liability for identity theft or any other misuse of your identity or information by others. Business eXcellence does not guarantee that the services it provides will function without interruption or errors in functioning. In particular, the operation of the services may be interrupted due to maintenance, updates, or system or network failures. Business eXcellence disclaims all liability for damages caused by any such interruption or errors in functioning. Furthermore, Business eXcellence disclaims all liability for any malfunctioning, impossibility of access, or poor use conditions of the Business eXcellence sites due to inappropriate equipment, disturbances related to internet service providers, to the saturation of the internet network, and for any other reason.
6. Limitation of Liability
Some countries do not allow the limitation or exclusion of liability in contracts with consumers and as a result the contents of this section may not apply to you. Neither Business eXcellence nor any of our subsidiaries, affiliated companies, suppliers, employees, shareholders, or directors (“Business eXcellence Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any Platform Applications or any of the content or other materials on, accessed through or downloaded from Business eXcellence. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
- Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
- Not apply to any damage that Business eXcellence may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed in this Agreement.
- Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
7.1. Mutual rights of termination
You may terminate this Agreement, for any or no reason, at any time, with notice to Business eXcellence pursuant to Section 9.3. This notice will be effective upon Business eXcellence processing your notice. Business eXcellence may terminate this Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Business eXcellence or the party paying for the services may terminate your access to any Premium Services. Termination of your Business eXcellence account includes disabling your access to Business eXcellence and may also bar you from any future use of Business eXcellence.
7.2. Misuse of the Services
Business eXcellence may restrict, suspend or terminate the account of any Member who abuses or misuses the Services. Misuse of the Services includes abusing the Business eXcellence messaging services; creating multiple or false profiles; using the Services commercially without Business eXcellence’s authorization, infringing any intellectual property rights, violating any of the Do and Don’ts listed in Section 10, or any other behavior that Business eXcellence, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Business eXcellence has adopted a policy of terminating accounts of Members who, in Business eXcellence’s sole discretion, are deemed to be repeat infringers under the United States Copyright Act.
7.3. Effect of Termination
Upon termination of your Business eXcellence account, you lose access to the Services. The terms of this Agreement shall survive any termination, except Section 3 (“Your Rights”) and Sections 4.1., 4.2., and 4.3. (“Our Rights and Obligations”).
8. Dispute Resolution
8.1. Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of the province of Ontario, Canada regardless of your country of origin or where you access Business eXcellence, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Business eXcellence agree that all claims arising out of or related to this Agreement must be resolved exclusively by a provincial or federal court located in the province of Ontario, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Business eXcellence agree to submit to the personal jurisdiction of the courts located within the province of Ontario for the purpose of litigating all such claims. Notwithstanding the above, you agree that Business eXcellence shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
8.2. Arbitration Option
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution (“ADR”) provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules:
- the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
- the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
- any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
9. General Terms
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
9.3. Notices and Service of Process
In addition to Section 2.8. (“Notices and Service Messages”), we may notify you via postings on www.business-x.com, or another Business eXcellence site or application. Or via mail or courier at: Business eXcellence International Inc. ATTN: Legal Department PO Box 1605 Holland Landing Stn Main Holland Landing, ON, Canada L9N 1A0 . Additionally, Business eXcellence accepts service of process at this address. Any notices that you provide without compliance with this section shall have no legal effect.
9.4. Entire Agreement
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and Business eXcellence regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Business eXcellence services, third-party content or third party software.
9.5. Amendments to This Agreement
9.6. No informal waivers, agreements or representations
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Business eXcellence Affiliate shall be deemed legally binding on any Business eXcellence Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Business eXcellence.
9.7. No Injunctive Relief
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Entities other than Business eXcellence that Business eXcellence owns a 50% or greater interest in (“Affiliate”) are not parties, but intended third party beneficiaries of this Agreement, with a right to enforce this Agreement directly against you.
9.9. Assignment and Delegation
You can’t assign your rights under this Agreement, but we can.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Business eXcellence Corporation for any third party that assumes our rights and obligations under this Agreement.
9.10. Potential Other Rights and Obligations
You may have rights or obligations under local law other than those enumerated here if you are located outside Canada.
10. Business eXcellence “DO” and “DON’Ts.”
As a condition to access Business eXcellence, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
10.1. Do undertake the following:
Here’s a list of some of the specific things we ask you to do and not do on Business eXcellence.
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and update it as necessary;
- Review and comply with notices sent by Business eXcellence concerning the Services;
- Use the Services in a professional manner; and
- Use your real name and company name on your business and individual profiles.
10.2. Don’t undertake the following:
- Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Business eXcellence;
- Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
- Create a Member profile for anyone other than a natural person;
- Harass, abuse or harm another person, including sending unwelcomed communications to others using Business eXcellence;
- Use or attempt to use another's account or create a false identity on Business eXcellence;
Upload, post, publish content, email, engage, have a conversation, transmit or otherwise make
available or initiate any content that:
- Falsely states, impersonates or otherwise misrepresents your individual or business identity, including but not limited to the use of a pseudonym, misrepresent your business, product or services, or misrepresenting your current position and qualifications, or misrepresents your affiliations with a business or person or entity, past or present;
- Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
- Adds to a content field content that is not intended for such field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Business eXcellence);
- Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation deemed inappropriate to the intent of the Business eXcellence vision, mission, and application.
- Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Business eXcellence or any user of Business eXcellence;
- Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; or
- Even if it is legal where you are located, create profiles or provide content that promotes escort services or prostitution.
- Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople for the purposes of creating a pyramid scheme or other similar practices;
- Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Business eXcellence (excluding content posted by you) except as permitted in this Agreement, or as expressly authorized by Business eXcellence;
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof;
- Utilize or copy information, content or any data you view on or obtain from Business eXcellence to provide any service that is competitive, in Business eXcellence’s sole discretion, with Business eXcellence;
- Imply or state, directly or indirectly, that you are affiliated with or endorsed by Business eXcellence unless you have entered into a written agreement with Business eXcellence (this includes, but is not limited to, representing yourself as an accredited Business eXcellence trainer if you have not been certified by Business eXcellence as such);
- Adapt, modify or create derivative works based on Business eXcellence or technology underlying the Services, or other Members’ content, in whole or part, unless you have entered into a written agreement with Business eXcellence 13. Rent, lease, loan, trade, sell/re-sell access to Business eXcellence or any information therein, or the equivalent, in whole or part;
- Sell, sponsor, or otherwise monetize Business eXcellence service or functionality of Business eXcellence, without the express written permission of Business eXcellence;
- Deep-link to our sites for any purpose, (i.e. creating or posting a link to a Business eXcellence web page other than Business eXcellence’s home page) unless expressly authorized in writing by Business eXcellence ;16. Remove any copyright, trademark or other proprietary rights notices contained in or on Business eXcellence, including those of both Business eXcellence and any of its licensors;
- Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Business eXcellence except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
- Share information of non- Members without their express consent;
- Infringe or use Business eXcellence’s brand, logos or trademarks, including, without limitation, using the word “Business eXcellence” in any business name, email, or URL or including Business eXcellence’s trademarks and logos except as expressly permitted by Business eXcellence;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
- Use bots or other automated methods to access Business eXcellence, add or download contacts, send or redirect messages, or perform other similar activities through Business eXcellence, unless explicitly permitted by Business eXcellence;
- Access, via automated or manual means or processes, Business eXcellence for purposes of monitoring Business eXcellence’s availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Business eXcellence’s website;
- Attempt to or actually access Business eXcellence by any means other than through the interfaces provided by Business eXcellence such as by navigating to www.business-x.com using a web browser. This prohibition includes accessing or attempting to access Business eXcellence using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Business eXcellence;
- Attempt to or actually override any security component included in or underlying Business eXcellence;
- Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Business eXcellence’s infrastructure, including, but not limited to, sending unsolicited communications to other Members or Business eXcellence personnel, attempting to gain unauthorized access to Business eXcellence, or transmitting or activating computer viruses through or on Business eXcellence; and/or
- Interfere or disrupt or game Business eXcellence or the Services, including, but not limited to, any servers or networks connected to Business eXcellence, or Business eXcellence's search algorithms.
11. Complaints Regarding Content Posted on the Business eXcellence Website
If you think someone has stolen or misused your intellectual property on Business eXcellence, please check out our Copyright Policy.
We built Business eXcellence to help you be a more successful business, and to help businesses succeed. To achieve this purpose, we encourage our Members to share accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.