Terms
& Conditions
We hope to help you as you develop your Business Plan and find
the capital required to move forward. By utilizing our site,
you hereby agree to comply with and be bound by the following
terms of use. Please review all of the following terms carefully.
If you do not agree or should have any questions to these terms,
you should not use this site and email us at support@businessplandocs.com
with any questions. The term "businessplandocs.com",
"us" or "our" or "site"
refers to businessplandocs.com. The term "you" refers
to the user, viewer or browser of our Web Site.
1. Acceptance of Agreement
You agree to the terms and conditions set forth and outlined
in this Terms of Use Agreement ("Agreement") with
respect to our site (the "Site") and material purchased
from. This Agreement constitutes the entire and only agreement
between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with
respect to the Site, the content, products or services provided
by or through the Site, and the subject matter of this Agreement.
This Agreement may be amended at any time by us from time to
time without specific notice to you. The latest Agreement will
be posted on the Site, and you should review this Agreement
prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to
the Site are protected under applicable copyrights, trademarks
and other proprietary (including but not limited to intellectual
property) rights. The copying, redistribution, use or publication
by you of any such matters or any part of the Site, except as
allowed by Section 4 below, is strictly prohibited. You do not
acquire ownership rights to any content, document or other materials
viewed through the Site. The posting of information or materials
on the Site does not constitute a waiver of any right in such
information and materials. Some of the content on the site is
the copyrighted work of third parties.
3. Registered Trademarks and Service Marks.
"businessplandocs.com" and others are either service
marks or registered service marks of Business Plan Docs or US
Business Services, LLC ("businessplandocs.com"). Other
product and company names mentioned on the Site may be trademarks
of their respective owners.
4. Limited License; Permitted
Uses
You are granted a non-exclusive, non-transferable, revocable
license (a) to access and use the Site strictly in accordance
with this Agreement; (b) to use the Site solely for internal,
personal, non-commercial purposes; and (c) to print out discrete
information from the Site solely for internal, personal, non-commercial
purposes and provided that you maintain all copyright and other
policies contained therein. No print out or electronic version
of any part of the Site or its contents may be used by you in
any litigation or arbitration matter whatsoever under any circumstances.
5. Restrictions and Prohibitions
on Use.
Your license for access and use of the Site and any information,
materials or documents (collectively defined as "Content
and Materials") therein are subject to the following restrictions
and prohibitions on use: You may not (a) copy, print (except
for the express limited purpose permitted by Section 4 above),
republish, display, distribute, transmit, sell, rent, lease,
loan or otherwise make available in any form or by any means
all or any portion of the Site or any Content and Materials
retrieved from it; (b) use the Site or any materials obtained
from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or
similar resource (in any media now existing or hereafter developed),
that is offered for commercial distribution of any kind, including
through sale, license, lease, rental, subscription, or any other
commercial distribution mechanism; (c) create compilations or
derivative works of any Content and Materials from the Site;
(d) use any Content and Materials from the Site in any manner
that may infringe any copyright, intellectual property right,
proprietary right, or property right of us or any third parties;
(e) remove, change or obscure any copyright notice or other
proprietary notice or terms of use contained in the Site; (f)
make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology
now existing or developed in the future; (g) remove, decompile,
disassemble or reverse engineer any Site software or use any
network monitoring or discovery software to determine the Site
architecture; (h) use any automatic or manual process to harvest
information from the Site; (i) use the Site for the purpose
of gathering information for or transmitting (1) unsolicited
commercial email; (2) email that makes use of headers, invalid
or nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions;
(j) use the Site in a manner that violates any state or federal
law regulating email, facsimile transmissions or telephone solicitations;
and (k) export or re-export the Site or any portion thereof,
or any software available on or through the Site, in violation
of the export control laws or regulations of the United States.
6. Forms, Agreements & Documents.
We may make available through the Site or through other Web
sites sample and actual forms, checklists, business documents
and legal documents (collectively, "Documents").
All Documents are provided on a non-exclusive license basis
only for your personal one-time use for non-commercial purposes,
without any right to re-license, sublicense, distribute, assign
or transfer such license. Documents are provided for a charge
and without any representations or warranties, express or implied,
as to their suitability, legal effect, completeness, currentness,
accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED
"AS IS", "AS AVAILABLE", AND WITH "ALL
FAULTS", AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM
ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The
Documents may be inappropriate for your particular circumstances.
Furthermore, state laws may require different or additional
provisions to ensure the desired result. You should consult
with legal counsel to determine the appropriate legal or business
documents necessary for your particular transactions, as the
Documents are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available
from public records.
7. No Legal Advice or Attorney-Client
Relationship.
Information contained on or made available through the Site
is not intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, adequacy or currency of the information contained
in or linked to the Site. Your use of information on the Site
or materials linked to the Site is entirely at your own risk.
We are not a law firm and the Site is not a lawyer referral
service.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do
not remove or obscure, by framing or otherwise, advertisements,
the copyright notice, or other notices on the Site, (b) your
site does not engage in illegal or pornographic activities,
and (c) you discontinue providing links to the Site immediately
upon request by us.
9. Errors, Corrections
and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects
will be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate,
timely or otherwise reliable. We may make changes to the features,
functionality or content of the Site at any time. We reserve
the right in our sole discretion to edit or delete any documents,
information or other content appearing on the Site.
10. Third Party Content.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume
no liability for any mistakes, misstatements of law, defamation,
omissions, falsehood, obscenity, pornography or profanity in
the statements, opinions, representations or any other form
of content on the Site. You understand that the information
and opinions in the third party content represent solely the
thoughts of the author and is neither endorsed by nor does it
necessarily reflect our belief.
11. Unlawful Activity.
We reserve the right to investigate complaints or reported violations
of this Agreement and to take any action we deem appropriate,
including but not limited to reporting any suspected unlawful
activity to law enforcement officials, regulators, or other
third parties and disclosing any information necessary or appropriate
to such persons or entities relating to your profile, email
addresses, usage history, posted materials, IP addresses and
traffic information.
12. Indemnification.
You agree to indemnify, defend and hold us and our partners,
agents, officers, directors, employees, subcontractors, successors,
assigns, third party suppliers of information and documents,
attorneys, product and service providers, and affiliates (collectively,
"Affiliated Parties") harmless from any liability,
loss, claim and expense, including reasonable attorney's fees,
related to your violation of this Agreement or use of the Site.
13. Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or
documents is not transferable or assignable.
14. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE
ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH
"ALL FAULTS", AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER
OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN
BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED
PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION
OR SERVICE, EXCEPT AS PROVIDED IN SECTION 17(b). IN PARTICULAR,
BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS,
LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT,
BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY
OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS
SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION PRESENTED
WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION
OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
15. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any
loss, injury, claim, liability, or damage of any kind resulting
in any way from (a) any errors in or omissions from the Site
or any services or products obtainable therefrom, (b) the unavailability
or interruption of the Site or any features thereof, (c) your
use of the Site, (d) the content contained on the Site, or (e)
any delay or failure in performance beyond the control of a
Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES
IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE
SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES
PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT
SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST
US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and assignment
of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information
communicated by you to us (collectively, a "Submission")
will forever be our property. We will not be required to treat
any Submission as confidential, and will not be liable for any
ideas (including without limitation, product, service or advertising
ideas) and will not incur any liability as a result of any similarities
that may appear in our future products, services or operations.
Without limitation, we will have exclusive ownership of all
present and future existing rights to the Submission of every
kind and nature everywhere. We will be entitled to use the Submission
for any commercial or other purpose whatsoever, without compensation
to you or any other person sending the Submission. You acknowledge
that you are responsible for whatever material you submit, and
you, not us, have full responsibility for the message, including
its legality, reliability, appropriateness, originality, and
copyright.
16. Third-Party Services.
We may allow access to or advertise certain third-party product
or service providers ("Merchants") from which you
may purchase certain goods or services. You understand that
we do not operate or control the products or services offered
by Merchants. Merchants are responsible for all aspects of order
processing, fulfillment, billing and customer service. We are
not a party to the transactions entered into between you and
Merchants. You agree that use of or purchase from such Merchants
is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY
US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF
TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING
FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR
SITE.
17. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant
sites. We are not responsible for information provided by you
to Merchants. We and the Merchants are independent contractors
and neither party has authority to make any representations
or commitments on behalf of the other.
18. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you
supply is true and complete, (ii) charges incurred by you will
be honored by your credit card company, and (iii) you will pay
the charges incurred by you at the posted prices, including
any applicable taxes.
19. Securities Laws.
The Site may include statements concerning our operations, prospects,
strategies, financial condition, future economic performance
and demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and
service offerings), that are forward-looking statements. These
statements are based upon a number of assumptions and estimates
which are subject to significant uncertainties, many of which
are beyond our control. When used on our Site, words like "anticipates,"
"expects," "believes," "estimates,"
"seeks," "plans," "intends," "will"
and similar expressions are intended to identify forward-looking
statements designed to fall within securities law safe harbors
for forward-looking statements. The Site and the information
contained herein does not constitute an offer or a solicitation
of an offer for sale of any securities. None of the information
contained herein is intended to be, and shall not be deemed
to be, incorporated into any of our securities-related filings
or documents.
20. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites,
and such Web sites are not investigated, monitored or checked
for accuracy or completeness by us. Inclusion of any linked
Web site on our Site does not imply approval or endorsement
of the linked Web site by us. If you decide to leave our Site
and access these third-party sites, you do so at your own risk.
21. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask you
to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide
our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has
been infringed;
c. A description of where the material that you claim is infringing
is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its
agent, or the law; and
f. A statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are
the copyright owner or authorized to act on the copyright owner's
behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright
Agent at support@businessplandocs.com
22. Information and Press Releases.
The Site contains information and press releases about us. We
disclaim any duty or obligation to update this information or
any press releases. Information about companies other than ours
contained in the press release or otherwise, should not be relied
upon as being provided or endorsed by us.
23. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use
of the Site and the Content and Materials provided therein.
24. Miscellaneous.
This Agreement shall be treated as though it were executed and
performed in Vestal, New York, and shall be governed by and
construed in accordance with the laws of the State of New York
(without regard to conflict of law principles). Any cause of
action by you with respect to the Site (and/or any information,
Documents, products or services related thereto) must be instituted
within one (1) year after the cause of action arose or be forever
waived and barred. All actions shall be subject to the limitations
set forth in Section 14 and Section 15. The language in this
Agreement shall be interpreted as to its fair meaning and not
strictly for or against any party. This Agreement and all incorporated
agreements and your information may be automatically assigned
by us in our sole discretion to a third party in the event of
an acquisition, sale or merger. Should any part of this Agreement
be held invalid or unenforceable, that portion shall be construed
consistent with applicable law and the remaining portions shall
remain in full force and effect. To the extent that anything
in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our
failure to enforce any provision of this Agreement shall not
be deemed a waiver of such provision nor of the right to enforce
such provision. Our rights under this Agreement shall survive
any termination of this Agreement.
25. Arbitration.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken
by us to collect or recover damages for, or obtain any injunction
relating to, Site operations, intellectual property, and our
services, shall be settled solely by binding arbitration in
accordance with the commercial arbitration rules of JAMS. Any
such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with
any claim or controversy of any other party. The arbitration
shall be conducted in Vestal, New York, and judgment on the
arbitration award may be entered into any court having jurisdiction
thereof. Either you or us may seek any interim or preliminary
relief from a court of competent jurisdiction in Vestal, New
York necessary to protect the rights or property of you and
us pending the completion of arbitration. Each party shall bear
one-half of the arbitration fees and costs incurred through
JAMS.
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