TERMS AND CONDITIONS
The Small Business Platform
Universal Terms of Service Agreement
Last Revised: January 23rd, 2018
PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS DESCRIBES YOUR RIGHTS AND RESPONSIBILITIES AND STATES THE TERMS AND CONDITIONS UNDER WHICH YOU MAY USE THIS WEBSITE.
Overview
This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between The Small Business Platform and you, and is made effective as of the date of your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services.
Your use of this Site and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement.
Information on this site may be changed or updated without notice. Such changes or modification to the terms are effective immediately upon being posted to the Site. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Agreement. The information provided on this site is designed to provide a quality resource for small business development.
The terms “we”, “us” or “our” shall refer to The Small Business Platform. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Eligibility and Authority
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found at this Site under the laws of the United States or other applicable jurisdiction.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “User” or “customer” shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, The Small Business Platform finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. The Small Business Platform shall not be liable for any loss or damage resulting from reliance on any instruction, notice, document or communication reasonably believed by The Small Business Platform to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, The Small Business Platform reserves the right (but undertakes no duty) to require additional authentication from you.
Warranties and Disclaimers
WHEN PERMITTED BY LAW, THE SMALL BUSINESS PLATFORM, IT’S SUPPLIERS AND DISTRIBUTORS, WILL NOT BE REPSONSIBLE FOR LOST PROFITS, REVENUES, OR FINIANCIAL LOSSES TO YOU OR ANY OTHER PERSON FOR AS A RESULT OF A FAILURE OR REFUSAL BY THE SMALL BUSINESS PLATFORM IN RECEIVING, PROCESSING, OR ACCEPTING ANY COMMUNICATIONS SENT TO THE SMALL BUSINESS PLATFORM BY MEANS OF THE WEBSITE, EMAIL, OR FAX. IN NO EVENT WILL THE SMALL BUSINESS PLATFORM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES FOR ANY USE OF THIS WEBSITE. THE SMALL BUSINESS PLATFORM IS NOT LIABLE FOR ANY BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF WE ARE AWARE OF SUCH POTENTIAL ERRORS. THE SMALL BUSINESS PLATFORM IS NOT LIABLE FOR ANY LOSS OR DAMAGES INCURRED BY YOU.
TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO; IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Our Services
Other than expressly described in this Agreement, neither The Small Business Platform nor its suppliers or distributors make any specific promises for the services provided. For example, we do not make any commitments about the content with our services, the specific function of the services, or their reliability, availability, or ability to meet your needs. All information is provided by the Small Business Platform on an “as is” and an “as available” basis only. The Small Business Platform makes no guarantees on information available to you through the use of the website
The Small Business Platform makes no representations whatsoever about any other web site which you may access through this one. When you access another web site‚ please understand that it is independent from The Small Business Platform‚ and that The Small Business Platform has no control over the content on that web site. In addition‚ a link to a different web site does not mean that The Small Business Platform endorses or accepts any responsibility for the content‚ or the use‚ of such web site. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses‚ worms‚ trojan horses and other items of a destructive nature. The Small Business Platform specifically disclaims any responsibility if sites accessed through this one: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate‚ incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory.
In connection with your use of the site‚ you agree you will not post, transmit or upload any material that (i) is unlawful‚ offensive‚ defamatory‚ fraudulent‚ deceptive‚ misleading‚ harmful‚ harassing or obscene‚ or (ii) disrupts or interferes with the normal operations of the site such as making an abnormally large posting.
You may use our services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
Using our Services does not give you ownership of any intellectual property rights in the content you access. You may not use content from our services unless you obtain permission from its owner or are otherwise permitted by law. These terms do not grant you the right to use any branding or logos used in our services. Don’t remove, obscure, or alter any legal notices displayed in or along with our services.
You may need an account in order to use some of our services. You may create your own account, or your account may be assigned to you by an administrator, such as your employer or educational institution. If you are using an account assigned to you by an administrator, different or additional terms may apply and your administrator may be able to access or disable your account.
Privacy and Copyright Protection
Our privacy policies explain how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree that The Small Business Platform can use such data in accordance with our privacy policies.
Some of our services allow you to submit content. You retain ownership of any intellectual property rights that you hold in that content.
When you upload or otherwise submit content to our services, you give The Small Business Platform (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this agreement are for the limited purpose of operating, promoting, and improving our services, and to develop new ones. This agreement continues even if you stop using our services. Some services may offer you ways to access and remove content that has been provided to that service. Also, in some of our services, there are terms or settings that narrow the scope of our use of the content submitted in those services. Make sure you have the necessary rights to grant us this license for any content that you submit to our services. If you submit feedback or suggestions about our services, we may use your feedback or suggestions without obligation to you.
You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of the platform, unless laws prohibit those restrictions or you have our written permission.
The Small Business Platform site and all of its contents including, but not limited to, all text and images and their arrangement (“Content”) are owned and copyrighted by The Small Business Platform, Inc. or others with all rights reserved unless otherwise noted. Permission to use or copy the Content is granted for personal use only and may not be used for any other purpose‚ linked with another web site‚ or edited without the express written consent of The Small Business Platform. By furnishing information‚ The Small Business Platform does not grant any licenses to any copyrights‚ patents or any other intellectual property rights. You are also advised that The Small Business Platform will aggressively enforce its intellectual property rights to the fullest extent of the law.
The Small Business Platform does not purport to exercise any control over the transmission of e-mailed communication prior to receiving it and you agree that The Small Business Platform shall incur no liability with respect to such transmissions before you send any information via e-mail to The Small Business Platform.
Compliance with Local Laws
The Small Business Platform makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
Indemnification
You agree to indemnify‚ defend and hold harmless The Small Business Platform‚ its parents‚ subsidiaries‚ affiliates‚ officers‚ directors and employees from any liabilities‚ expenses and costs‚ including but not limited to legal fees and expenses‚ incurred in connection with any claims or demands of any third party resulting from or arising out of your use of this site.
Governing Law and Jurisdiction
These Terms of Use and your use of the site are governed by the laws of the State of North Dakota‚ USA‚ without regard to its choice of law provisions. The courts of general jurisdiction located within Ward County‚ North Dakota‚ USA‚ will have exclusive jurisdiction over any and all disputes arising out of‚ relating to or concerning these Terms of Agreement and/or the site or in which these Terms of Agreement and/or the site are a material fact. The Small Business Platform does not warrant that this site will be lawful outside of the United States.
For information about how to contact The Small Business Platform, please visit our contact page.