This Terms of Service Agreement (the "Agreement") is by and between GoSmallBiz.com and the person acknowledging this agreement. By using the content and/or services presented on this website, the user is acknowledging his/her acceptance of the terms stated in this Agreement. This Agreement covers both member and non-member use of the GoSmallBiz.com site, including any content or services accessible through such site. GoSmallBiz.com may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through this site may be subject to your acceptance of separate agreements with GoSmallBiz.com or third parties.
General Terms and Conditions
You acknowledge and agree that use of any content or service provided through this site is entirely at your own risk. Services and content are provided "as is", without warranty of any kind, either express or implied, and GoSmallBiz.com and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. GoSmallBiz.com does not warrant that the service will be free of downtime. In fact, it is expected that there will be periods when the web site will be inaccessible due to maintenance or technical problems. GoSmallBiz.com does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does GoSmallBiz.com warrant access to the Internet or to any other service or content through the service. The entire liability of GoSmallBiz.com and its representatives (as defined below) for any reason shall be limited to the amount paid by the customer/member for the related services or content purchased from GoSmallBiz.com, its authorized reseller or its service providers. To the maximum extent permitted by applicable law, GoSmallBiz.com and its affiliates, licensors, third-party content or service providers, distributors, dealers or suppliers ("representative") are not liable for any indirect, special, incidental, or consequential damages (including, but not limited to: damages for loss of business, loss of profits or investment, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if GoSmallBiz.com or its representatives have been advised of the possibility of such damages, and even if a remedy set forth herein is found to have failed its essential purpose. Some states do not allow the limitation and/or exclusion or liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The limitations of damages set forth above are fundamental elements of the bargain between GoSmallBiz.com and you. GoSmallBiz.com would not be able to provide its content and services to you without such limitations. If you are dissatisfied with any portion of the service or content, your sole and exclusive remedy is to discontinue using the service and its related web sites.
Membership in GoSmallBiz.com
GoSmallBiz.com maintains a web site that contains content and offers structured to appeal to the small business owner. Much of the content and many of the offers are available to anyone viewing the site. Some of the content and services are, however, restricted to members. Memberships are sold directly by GoSmallBiz.com and can be purchased directly from the site under terms disclosed in the membership portion of the site. The terms and pricing are subject to change at the discretion of GoSmallBiz.com, and GoSmallBiz.com makes no representation that it will adjust the membership fees of any member for subsequent price adjustments.
Memberships are also sold through various "bundling" arrangements, where the membership is included as a part of a larger offer and paid for by the sponsor of that larger offer. Such membership sales are negotiated with the business partner sponsoring the bundled membership. GoSmallBiz.com is responsible only for the portion of the bundle delivered through this site and has no input, control or responsibility for the other products or services included as part of the bundle.
Ask Your Question
GoSmallBiz.com provides a mechanism for its members to ask questions related to business matters of the type that would typically be asked of a business consultant. GoSmallBiz.com, through its employees, business partners and a network of consultants responds to those questions posed by members. GoSmallBiz.com has a stated objective to respond to each question within one business day, however, there is no assurance or warranty that every question can or will be answered within that time frame.
The scope of the "Ask Your Question" service is generally limited to responses that can be provided by a consultant with no more than one hour's research into the specific subject matter. It is not the intent of this service to provide in-depth research. Instead, the service is intended to provide a sounding board, feedback on ideas and suggestions on finding solutions. Our consultants often do limited amounts of research in order to respond to specific questions, however, there is no promise that we will research any particular question that we determine, in our sole discretion, to be beyond the scope of this service.
GoSmallBiz.com does not provide legal advice or other advice that can only be provided by licensed professionals. When members ask questions that request such advice, our consultants will often provide suggestions for reading material (either online or traditional) that will assist the member in better understanding the subject matter. Such suggestions or referrals to other web sites are not to be considered as legal advice. Legal matters should be referred to a competent attorney.
GoSmallBiz.com exists to assist its members with running and growing their small businesses. GoSmallBiz.com reserves the right to screen out and reject questions that are, in our sole discretion, not related to running and growing a small business. Questions that are related to personal rather than business activities or that are related purely to large company or government matters may be returned unanswered.
GoSmallBiz.com reserves the right to limit the number of times that it will response to the same question from a member. The limitation shall be based upon a standard of reasonableness that is determined by GoSmallBiz.com in its sole discretion.
Members who attempt to jam the system with questions that, in our sole discretion, appear intended to damage our ability to respond to other members rather than providing needed assistance to the member making the request, will be returned unanswered and we further reserve the right to terminate the membership of anyone attempting to damage our system of response.
Members who ask questions do so with the understanding that responses are provided based on the knowledge and experience of the consultant answering the question. Many responses reflect the opinions of the responding consultant. Many questions have no clear and obvious answer and any response will, of necessity, be based on the judgment and opinion of the consultant making the response. Many questions are also subject to misinterpretation. Our consultants have neither the opportunity nor the ability to determine and review all of the relevant facts. Therefore, GoSmallBiz.com cannot and does not warrant that its answers are "correct". In fact, GoSmallBiz.com acknowledges that its responses may contain errors or may misinterpret the question that was asked. There is a further risk that reference materials to which we refer a member relative to a particular subject matter may contain inaccurate or even offensive material. This is particularly true when web sites to which we refer members contain other links to other web sites, which we have not (and cannot) research. The member asking the question bears responsibility for assessing the validity and applicability of the response before using the information provided in the response.
Our goal is to acquaint the user with as much information as is available to us at what we determine, in our sole discretion, to be a reasonable cost. We work with the information to present it in a manner that will be usable by the typical small business.
Responses from the GoSmallBiz.com resource center carry the following disclaimer:
By using this service you agree that in consideration of GoSmallBiz.com's furnishing management or technical assistance that you waive all claims against GoSmallBiz.com, its personnel or business partners arising from this assistance. The above information is provided as assistance based on information, which you have provided to GoSmallBiz.com. GoSmallBiz.com has not undertaken to confirm the accuracy of such information nor perform thorough investigation in providing a response. You should not rely on this response as authoritative in making business decisions; this service is not a substitute for counsel with respect to specific matters of law, tax, investment, or other disciplines where review of the facts, circumstances and relevant rules could and should be undertaken.
GoSmallBiz.com attempts to provide meaningful assistance, but the information provided in its responses may contain technical inaccuracies or typographical errors. GoSmallBiz.com's assistance is provided without warranty of any kind, either expressed or implied. In no event shall GoSmallBiz.com be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, under any theory of liability, arising out of or in connection with the use or performance of information provided by way of this assistance program. Please be advised that our editorial staff for the GoSmallBiz.com newsletter or any of our other publications may use portions of your question. Your name will not appear without your permission. If you object to our publishing your question, please contact us immediately.
GoSmallBiz.com, based on ongoing negotiations with third party providers, provides member benefits. Those benefits are subject to change at the discretion of the providers, and there can be no assurance that any particular member benefit will be available at a given time in the future. Changes in member benefits will be documented in the "Member Benefits" section of the site as soon as practical after we become aware of the changes. The member benefits will in some cases be limited versions of commercially available products or services. The versions that are offered for sale may include additional functionality and there may be related products or services that are available for a fee. When GoSmallBiz members choose to purchase an upgraded version or additional services, GoSmallBiz may be paid a referral fee.
GoSmallBiz has created a simple Software tool for tracking cash transactions and automobile mileage. This Software tool is available at no charge to GoSmallBiz Members, subject to terms of the end user license agreement.
Member Biz Directory
Members have the opportunity to list their businesses in a directory that is searchable to category of business and location. Members are limited to two listings in the directory. GoSmallBiz.com will be revising the directory from time to time to enhance its usability, and such revision may include reassignment of categories. Members have the opportunity to update their listing in the Member Biz Directory through the "My Account" section of the site.
GoSmallBiz.com allows certain non-member businesses to be listed in the Member Biz Directory, both to increase the benefit to viewers and to reward such businesses for response to an offer. The Member Biz Directory is not intended as a directory of members, but as a tool for members to use to locate participating businesses.
Member to Member Exchange
The Member-to-Member Exchange provides members with the ability to post questions and comments on various business subjects in a searchable weblog (blog). Content is viewable to both members and non-members. The opinions expressed in the Member-to-Member Exchange by members are theirs alone, and do not reflect the opinions of GoSmallBiz.com or its employees. GoSmallBiz.com is not responsible for the accuracy of any of the information supplied by the Member-to-Member Exchange. GoSmallBiz reserves the right to edit or remove content.
Members who wish to have their business featured on the GoSmallBiz.com site can submit the required materials via e-mail following the instructions listed in the "Featured Member" section. The decision as to which businesses will be featured and the length of time that a business will be featured is left to the sole discretion of GoSmallBiz.com.
Legal Forms and Documents
The GoSmallBiz.com web site provides access to legal forms and documents through its business partners: LawInfo.com and LawSmart.com. Because of the prominence of the legal forms and documents on our site, we have repeated the following passages from the web sites of LawInfo.com and LawSmart.com.
"LawInfo.com and LawSmart.com are not a substitute for legal advice. The information provided on their sites are intended for use within the United States and Canada only.
Effort is made to keep the information on these sites accurate and up to date. However, there can be no guarantee that all the information on the sites is completely current or suitable for any particular legal situation. The law will vary depending on your jurisdiction and the specifics of your case. Because the law is a personal matter, the general information we provide cannot fit every circumstance. You are directed to consult a licensed lawyer in your area to get specific advice for your problem. Nothing on these websites should be considered legal advice.
No attorney-client or other professional relationship of any nature is created by participation in any area or offering at these sites. Do not act on or rely on any information from these sites without consulting with a licensed attorney, as this material is not a substitute for obtaining appropriate legal advice from competent, independent legal counsel in the relevant jurisdiction."
Tip of the Week
Certain content sections within the GoSmallBiz.com website contain a "Tip of the Week". The name expresses our intent to regularly provide fresh content on the particular subject matter. We do not guarantee, however, that each section will be updated on a strict weekly schedule. The rotation of content on the GoSmallBiz.com web site is left totally at the sole discretion of the management of GoSmallBiz.com.
GoSmallBiz.com publishes information on various topics that it believes to be useful to owners of small businesses. The content consists of articles, glossaries, frequently asked questions, archives of questions that have been answered by GoSmallBiz consultants, forms, documents and tools usable for certain limited applications and links to suppliers of topic specific content. Content is believed to be current and accurate at the time it is published, however, there is no guarantee, either written or implied, that all content is current and accurate. Facts change, interpretations change, and applicability varies from business to business and situation to situation. Any material contained on this site should be read with those facts in mind.
Services and content are provided "as is", without warranty of any kind, either express or implied, and GoSmallBiz.com and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. GoSmallBiz.com does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does GoSmallBiz.com warrant access to the Internet or to any other service or content through the service.
Links to Third Party Sites
The links from our site that go to other sites are for convenience only, and do not imply that we endorse or approve of those sites. We have no control over the content found on other sites and make no warranties as to the accuracy or adequacy of any information found at such sites are made. Similarly we are not responsible for information found on or through our site, which is generated by third parties. GoSmallBiz.com is not responsible for any loss, injury, claim, liability, or damage related to your use of the site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. Your use of these sites is at your own risk.