Last updated: January 15, 2020.

This document includes both the Terms of Use and the Privacy Policy (collectively the “TOU”). Within this document, the term “you” or “end user” refers end user of the Product, whereby the terms “we”, “Provider”, “our,” or “us” refers to the Provider and the Developer of the Products (excepting those Sections wherein the “Developer of the Product” is named specifically, in such cases, the Developer of the Product will be the only party intended to be referenced) and related software from whom you have licensed use of the Product(s). The “Products” also include any services (“Services”) utilized or offered in association with the Products.

Terms of Use

You are allowed to use this Product under the following terms (“Terms”):

  1. Eligibility In order to use this Product, you must be at least eighteen (18) years old or have explicit permission from a parent, guardian, employer, or supervisors to agree to this TOU, and provide true, complete, and up to date contact information. By using the Product you represent and warrant that you meet all of the requirements listed above, and that you will not use the Product in a way that violates any laws or regulations. We may refuse service, close accounts of any users, and change eligibility requirements at any time.
  2. Term Period The Term Period begins when you sign up for an account and continues for as long as you use the Product. In addition, each time you log into the Product you've officially "signed" the TOU. If you sign up on behalf of another person, you represent and warrant that you have the authority to accept this TOU on their behalf.
  3. Closing Your Account You may terminate this Agreement according to the agreement maintained with your Provider. We may suspend or terminate the Product from your use in accordance with the agreement maintained with your Provider, or at any time, with or without cause. Once your account is terminated, we may permanently delete it and all of the data associated with it. If you do not log into your account for twelve (12) or more months, we may treat your account as "inactive" and permanently delete it and all the data associated with it.
  4. Account Username and Password You alone are responsible for keeping your Product, social media, and electronic account usernames and passwords confidential, together with the additional Product usernames and passwords you create for users you authorize. You are also responsible for the use of any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen, hacked, lost, or forgotten passwords. We do not have access to your current password, and for security reasons, we may only reset your password.
  5. Changes We reserve the right to change any of part of the TOU at any time by posting a revised TOU on our website or within the Product, and/or by sending an email to the last email address you gave us. The new TOU will become effective immediately and apply to any continued or new use of the Product. We may change the website, the Product, or any features of the Product at any time.
  6. Billing and membership Cancellation You may cancel your Business Warrior membership any time by contacting your third party who provided the initial trial period or billing@businesswarrior.com. You may cancel up until day 14 of activating your free trial before you are billed. Billing may be directly through your credit card, ACH or through a third party partner. If you signed up for your Business Warrior membership through a third party, you may need to contact the third party to cancel your membership or receive any refund under its applicable policies. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR BUSINESS WARRRIOR MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
  7. Integration to Third Party Systems We are not responsible for any maintenance, development, or support related to integration with any third party system. You are responsible for all fees and costs associated with such integration. Any work provided by us to assist with the integration shall be considered a “best effort service.”
  8. Rights

    1. Proprietary Rights Owned by Us You expressly agree to respect our proprietary rights in all components comprising the Product. Proprietary rights include, but are not limited to, any patents, trademarks, service marks, copyrights, trade names, and any other intellectual property.
    2. Proprietary Rights Owned by You You represent and warrant that you either own or have permission to use all of the material you enter into the Product, including but not limited to, your brand, inventory, content, photographs, videos, push notification messages, and more. You retain ownership of the proprietary materials you upload to the Product. We may use or disclose your materials only as we describe in the TOU and Privacy Policy.
  9. Aggregation The Product may publish any of your data in an aggregated format in accordance with this TOU.
  10. Privacy Policy We may access, collect, use, and disclose your information according to our Privacy Policy included in this TOU.
  11. Right to Review We may view, copy, and internally distribute content from your account to create algorithms and programs that help us spot problem accounts, improve the Products, offer Services, and aggregate data.
  12. General Rules You expressly agree to the following rules of use:

    1. You will not send Spam Passes or Messages. Further, you will not use the Product to transmit, disseminate, upload, download, or communicate or interact with, in any way, any: indecent, explicit, unlawful, pornographic, terrorism-related, violent, or incendiary content of any nature.
    2. You will not put into the Product any material, including graphics or other content, that is not created by you or that would violate any other party's copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary or legal rights.
    3. You will not use any misleading or incorrect names, addresses, email addresses, subject lines, or other information using our Product.
    4. You will not upload or compose content that contains or offers any unlawful or illegal goods or services.
    5. You will not share your password.
    6. You will not try to decipher, decompile, disassemble, or reverse engineer the Product.
    7. You will not setup multiple accounts for any individual or entity in order to send substantially similar content, unless you are part of a franchise operation or have multiple locations.
    8. You will not import or incorporate any of the following information into the Product: Social Security Numbers or sensitive personal information of any kind.
    9. Any breach of this Section will be considered a material breach of this TOU and may result in suspension or termination of your access to the Products and Services.
  13. Compliance with Laws You represent and warrant that your use of the Product will comply with all applicable laws and regulations. You are responsible for determining whether the Product is suitable for you to use in light of any regulations like HIPAA, GLB, EU Data Privacy Laws, PCI, or other laws. If you are subject to regulations (like HIPAA) and you use our Product, then we will not be liable if our Product does not meet those requirements.

    If you are located in the European Economic Area (EEA) or send Messages to anyone in the EEA, you represent and warrant that you:

    1. Will clearly describe in writing how you plan to use any data collected. You will get express consent to transfer data to the Product as part of this process, and you will otherwise comply with whatever privacy policy you have posted.
    2. Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws applicable to the countries where you are sending any messages from the Product.
    3. Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have permission to allow the Product to receive and process data and send communications to that individual on your behalf.
    4. Agree to indemnify and hold us harmless from any losses, including attorney fees that result from your breach of any part of these warranties.
    5. US Export Controls. The software that supports the Products is subject to United States export controls and follows all guidelines of the ECR Initiative. No parts of the Products may be downloaded or otherwise exported or re-exported in violation of United States export laws.
  14. Reporting Violations If you become aware that anyone is violating any of the items in the MUA, please notify us immediately.
  15. Limitation of Liability. To the maximum extent permitted by law, you assume full responsibility for any loss resulting from your use of the Product. We will not be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they are based on negligence or we have been advised of the possibility of those damages.
  16. No Warranties Location data as well as any maps data provided by the Product or software is for basic navigational purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environment damage. Neither we or nor any of our licensors guarantees the availability, accuracy, completeness, reliability, or timeliness of location data or any other data or information displayed by the Product. All sales, use, and other tax information are estimates only, may not be accurate, and should not be relied upon for any purpose. You are responsible for the payment of all local, state, and federal taxes, and should consult a tax professional when calculating your taxes. All time clock, time tracking, and wage information are estimates generated by the Product, may not be accurate, and are not to be relied upon in any fashion, whether for internal accounting, tax, or any other purposes.

    Message Notification is for basic informational purposes only and is not intended to be relied upon in situations where such information is needed or where lost, erroneous, inaccurate or incomplete notification may lead to death, personal injury, property or environment damage. We do not guarantee the availability, accuracy, completeness, reliability, or timeliness of any data or information displayed by the Product. Further, we do not guarantee or represent any specific result or outcome as a result of you utilizing the Product in any way.

    ALL PRODUCTs, SERVICES, AND SYSTEMS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR OBLIGATION TO UPGRADE OR ENHANCE OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (I) ANY IMPLIED WARRANTIES AND CONDITIONS OF ACCURACY, END USERABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND (II) THAT ANY SOFTWARE OR SYSTEM WILL FUNCTION WITH ANOTHER SOFTWARE OR SYSTEM, OR THAT IT WILL FUNCTION UNINTERRUPTED OR ERROR-FREE. WE DO NOT REPRESENT THAT ANY OF OUR PRODUCTS, SOFTWARE, SERVICES, OR SYSTEMS OF ANY KIND WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUS, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION, AND EXPRESSLY DISCLAIM ANY LIABILITY RELATING THERETO.

    WE DO NOT GUARANTEE YOU, AND SHALL BE HELD LIABLE FOR, ANY LOSS OF REVENUE, LEVEL OF EXPOSURE, DOWNLOADS, SALES, SATISFACTION, SUCCESSFUL IMPLEMENTATION, OR INSTALLATIONS WITH RESPECT TO ANY PRODUCT OR SERVICE.

  17. Indemnity You agree to indemnify and hold us harmless from any losses (including attorney fees) that result from any claims you make that are not permitted under the terms of this TOU due to a "Limitation of Liability" or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password or accessing your account behaved in a way that allegedly violated any local, state, or federal law, or any of provision of this TOU.
  18. Attorney Fees If we file an action against you claiming you breached this TOU and we prevail, we're entitled to recover reasonable attorney’s fees and any damages or other relief we may be awarded.
  19. We are not responsible for the behavior or accuracy of any advertisers, linked websites, customers or consumers, or other end users.
  20. Equitable Relief If you breach any of your obligations under these Terms, then we may seek injunctive or other equitable relief.
  21. Subpoena Fees If we're required to provide information in response to a subpoena related to your account, then we may charge you for our costs for complying with that subpoena.
  22. Assignments You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at any time, at our discretion.
  23. Choice of Law The State of Florida's laws, except for conflict of laws rules, will apply to any dispute related to these Terms or the Product. Any dispute related to this TOU, the Privacy Policy, or the Service itself, will be decided by the state and federal courts located in Duval County, Florida and each party will be subject to the jurisdiction of those courts.
  24. Force Majeure We will not be liable for any delay, failure in performance, loss or damages or for any failure of the Product because of circumstances beyond our control. Such circumstances may include, but are not limited to: a natural disaster, act of war or terrorism, riot, labor condition, governmental action, power outage, or internet disturbance.
  25. Severability If it turns out that a section of this Agreement is not enforceable, that section will be removed or edited, and the rest of the TOU will remain valid.
  26. Interpretation The headers and sidebar text are provided only to make this agreement easier to read and understand. The fact that we wrote this TOU will not affect the way this Agreement is interpreted.
  27. No Changes in Terms at Request of End User Because we have so many end users of the Product, we cannot change these Terms for any one end user or group of end users. If we did that, keeping up with the changes would be a logistical nightmare.
  28. You will provide all documents and take any actions necessary to meet your obligations under this TOU.
  29. Notification of Security Breach In the event of a security breach that may affect you, we will notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone any additional party, you will promptly forward such information.
  30. Notices Any notice to you will be effective when we send it to the last email or physical address you gave us or posted in our Product. Any notice to us will be effective when delivered to us along with a copy to our legal counsel.
  31. Entire Agreement The Terms of Use and Privacy Policy, and any additional terms from any additional documentation you've agreed to embody the entire agreement and understanding of the parties, and supersede all prior agreements, representations, and understandings