This Billing and End-User License Agreement (“EULA”) is an agreement between you (the “Customer”) and Hanson & Paul, Inc. d/b/a Paul Hanson Partners (“PHP”) whereby you are granted a limited license to use the Biz Choice Online platform powered by OX-ZION® (the “Platform”) created by OX-ZION, LLC (the “Owner”). This agreement also sets forth the billing rates you agree to pay for use of the Platform.
- Grant of License. Subject to your acceptance of the full terms and conditions which is required upon initial login to the Platform (“Terms and Conditions” which are incorporated herein by reference), Owner grants you the right to use the Platform as provided herein.
- Fee Schedule. It is agreed that in exchange for the license to use the Platform as set forth herein, your CLDA membership provides one user access for your company to utilize the online marketplace. You agree to pay the amount of Three Dollars ($3.00) per employee per month for additional user access to and use of the Platform, or such other sum as may be reasonably established by PHP from time to time and set forth on Addendum A, when signed by you and PHP. Your failure to agree to a new fee schedule or cancellation of your CLDA membership shall be considered an election to immediately terminate this agreement.
- Reservation of Rights and Ownership. The Owner reserves all rights not expressly granted to you in this EULA . The Platform is protected by copyright and other intellectual property laws and treaties. The Owner owns the title, copyright, and other intellectual property rights in the Platform. The Platform is licensed, not sold. This EULA does not grant you any rights to use any trademarks or service marks associated with the Platform.
- Termination. The term of this Agreement shall be one (1) year, and shall automatically renew for additional one (1) year terms, unless terminated earlier by written notice. Without prejudice to any other rights, PHP and/or Owner may terminate this EULA if you fail to comply with your agreement with PHP and/or the full Terms and Conditions of use of the Platform. In the event of termination, your right to use the Platform terminates immediately, and your data will be either returned or retained by Owner in accordance with the Terms and Conditions, including any applicable storage or transfer fees.
- Disclaimer of Warranty/Limitation of Damages. The Platform and related material are provided "AS IS" and without warranty of any kind. PHP and Owner expressly disclaim all other warranties, express or implied, including but not limited to, implied warranties of merchantability or fitness for particular purpose. In no event shall PHP or Owner be liable for any special, incidental, punitive, indirect or consequential damages, and in no event shall PHP's or Owner's liability exceed its respective portion of any license fee paid to it, if any.
I confirm that I give explicit consent to my data, including all personal data and sensitive personal data, being held, used and processed for the purposes described above, including the purpose of verification of my certification of motor vehicle insurance.