Terms of Usage

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PLEASE READ THE TERMS OF USAGE BELOW. 

This is serious stuff. And it’s important for you to understand. In short, it says, we want to provide a helpful service without getting sued. If you think we’ve done something wrong, contact us and we’ll do our best to address the issue. There are lots of things in the following paragraphs that say, in essence, don’t believe anything your read here or, for that matter, anywhere on the internet. We agree. That’s why we have personal legal, financial and business advisors. SmallBusiness.com wants to help you connect with the information you need, but as much as we love it, we must spend the next hundreds of words imploring you to not consider anything your read here as the last word. The last word should come from you and those who help you in running your business.

Here goes:

These Terms of Use (the “TOU”) state the terms and conditions under which Hammock, Inc., the owner of SmallBusiness.com and related products, provides you (“you,” or “your”) access to the website SmallBusiness.com (together with any sub-domains thereto and future sites operated by Hammock in conjunction with SmalllBusiness.com). Note that some of the content of SmallBusiness.com, especially that portion referred to as SmallBusiness.com WIKI (or, “the WIKI”) is edited by users.

BY ACCESSING, BROWSING, OR USING THE SITES AND SERVICES (AS DEFINED BELOW), YOU ARE DEEMED TO ACCEPT THE TOU, AS WELL AS OUR PRIVACY POLICY AND GENERAL DISCLAIMER (each of which is incorporated herein by reference), AS A BINDING AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THE TOU, THE PRIVACY POLICY, OR THE GENERAL DISCLAIMER, PLEASE DO NOT ACCESS OR USE THE SERVICES (as defined below). YOUR USE OF THE SITES AND SERVICES AND INFORMATION PROVIDED THEREIN MUST IN ALL CASES COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS.

These Terms of Use should be read in conjunction with the SmallBusiness.com Disclaimer (below), the SmallBusiness.com Privacy Policy and the Copyright and permissions information ] which governs the user-contributed content on SmallBusiness.com and the Wikimedia software with which much of SmallBusiness.com WIKI is operated.

1. DESCRIPTION OF SITES, SERVICES, AND SOFTWARE As of October, 2013, SmallBusiness.com provides users primarily with two major platforms for the collection, organization and distribution of resources for the owners and managers of small businesses, primarily (as of today), in the U.S. We describe the front, or home page, portion of SmallBusiness.com as flowing content as it is distributed throughout the day, Monday-Friday. The other major section of SmallBusiness.com is the SmallBusiness.com WIKI, a rich collection of resources, including but not limited to, dictionaries, encyclopedias, atlases, glossaries, that are, for the most part, developed in a community-based, user-generated, “wiki” approach that the community constantly improves.

2. ACCEPTANCE OF TERMS; CHANGES TO TOU SmallBusiness.com provides the Services to you subject to the following TOU, which may be updated by us from time to time in our sole discretion. Each time changes are made to the TOU, a revised TOU will be posted on SmallBusiness.com. Your continued use of SmallBusiness.com, or any part thereof, following the posting of changes constitutes your acceptance of such changes. If you do not wish to be bound by the TOU, you should discontinue your use of SmallBusiness.com.

3. YOUR LICENSE TO USE SmallBusiness.com grants you a personal, non-exclusive, non-transferable, revocable license to use SmallBusiness.com.

4. You acknowledge that the SmallBusiness.com WIKI is not obligated to pre-screen content submitted by members, but that SmallBusiness.com shall have the right (but not the obligation) in their sole discretion to refuse or remove any content that is made available via SmallBusiness.com by any user that violates the TOU or is otherwise objectionable.

6. MODIFICATIONS TO SmallBusiness.com. SmallBusiness.com reserves the right at any time, and from time to time, to modify, suspend, or discontinue, temporarily or permanently, SmallBusiness.com (or any part thereof) with or without notice. You agree that SmallBusiness.com shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

7. DEALINGS WITH ADVERTISERS OR THIRD PARTY VENDORS SmallBusiness.com may include advertisements on SmallBusiness.com, which are necessary for SmallBusiness.com to provide this service to its users free of charge. Your correspondence or business dealings with, or participation in promotions of, advertisers or third party vendors found on or through SmallBusiness.com, including payment and delivery of related goods or products, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or third party vendor. Any question, complaints, or claims should be directed to the appropriate advertiser or third party vendor. Additionally, all product reviews and ratings are informative for those wishing to use them, but they do not guarantee any level of performance by a third party vendor in any transaction. You agree that SmallBusiness.com shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third party vendors or product reviews or ratings on SmallBusiness.com.

7-A. We use third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies.

8. DISCLAIMER: WE DO NOT INDEPENDENTLY VERIFY THE ACCURACY OR RELIABILITY OF CONTRIBUTIONS OF CONTENTS MADE BY USERS OF THE SmallBusiness.com WIKI. ADDITIONALLY, SmallBusiness.com SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. SmallBusiness.com, AND ITS THIRD-PARTY LICENSORS, SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT.

SmallBusiness.com, ITS LICENSORS AND SUPPLIERS MAKE NO WARRANTY THAT: (i) SmallBusiness.com WILL MEET YOUR REQUIREMENTS, (ii) THE PROVISION OF SmallBusiness.com WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SmallBusiness.com WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SOFTWARE, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USE OF SmallBusiness.com WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN SmallBusiness.com WILL BE CORRECTED. NEITHER WE, NOR OUR LICENSORS OR SUPPLIERS, GUARANTEE THE RELIABILITY, ACCURACY, COMPLETENESS, SAFETY, TIMELINESS, LEGALITY, USEFULNESS, ADEQUACY OR SUITABILITY OF ANY OF SmallBusiness.com. SmallBusiness.com MAY BE HARMFUL, UNTIMELY, INCOMPLETE, OR INACCURATE AND, ACCORDINGLY, YOU AGREE TO EXERCISE CAUTION, DISCRETION AND COMMON SENSE WHEN USING SmallBusiness.com.

ADDITIONALLY, PLEASE REVIEW OUR GENERAL DISCLAIMER, WHICH IS HEREBY MADE A PART OF THE TOU.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO A PORTION OF THE FOREGOING MAY NOT APPLY TO YOU, IN WHICH CASE THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE MINIMUM PERIOD PERMISSIBLE UNDER APPLICABLE LAW.

9. LIMITATION OF LIABILITY NONE OF THE LICENSORS, CONTRIBUTORS, SPONSORS, ADMINISTRATORS, OR ANYONE ELSE CONNECTED WITH SmallBusiness.com IN ANY WAY WHATSOEVER CAN BE RESPONSIBLE FOR THE APPEARANCE OF ANY INACCURATE INFORMATION OR FOR YOUR USE OF THE INFORMATION CONTAINED IN OR LINKED FROM SmallBusiness.com.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR OUR LICENSORS AND SUPPLIERS, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS SmallBusiness.com, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK DISRUPTIONS, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. NEITHER WE NOR OUR LICENSORS OR SUPPLIERS ARE RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF SmallBusiness.com AND/OR ANY MATERIAL LINKED THROUGH SmallBusiness.com. UNDER NO CIRCUMSTANCES WILL SmallBusiness.com’, OR SmallBusiness.com’ LICENSORS’, DIRECT LIABILITY ARISING OUT OF USE OF SmallBusiness.com EXCEED THE GREATER OF (I) THE AMOUNT YOU HAVE PAID SmallBusiness.com FOR SUCH USE OR (II) $10.00. SOME JURISDICTIONS DO NOT PERMIT SOME OF THE ABOVE LIMITATIONS OF LIABILITY, AND THEREFORE THIS MAY NOT APPLY TO YOU.

10. INDEMNIFICATION You agree to indemnify and hold SmallBusiness.com, its subsidiaries and affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all liability, losses, claims, demands or costs of any kind, including reasonable attorneys’ fees and costs of litigation, arising from (i) your Postings or other content you submit, post, transmit, email, or otherwise make available through SmallBusiness.com, (ii) your use of or reliance on SmallBusiness.com, (iii) your connection to SmallBusiness.com, (iv) your violation of the TOU, or (v) your violation of any rights of another party.

11. TRADEMARK INFORMATION SmallBusiness.com, SmallBusiness.com/WIKI and their logos and iconography are trademarks of SmallBusiness.com or its third-party licensors. Without our written prior permission, or that of applicable third parties, you agree not to display, or use in any manner, the marks of SmallBusiness.com.

12. CHOICE OF LAW AND FORUM The TOU and the relationship between you and SmallBusiness.com shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions. You and SmallBusiness.com agree to submit to the personal and exclusive jurisdiction and forum convenience of the federal and state courts located in Nashville, Tennessee.

13. SEVERABILITY; ENGLISH LANGUAGE If any provision in the TOU should be held illegal or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOU if no such modification is possible, and the other provisions of the TOU shall remain in full force and effect. The controlling language of the TOU is English. If you have received a translation into another language, it has been provided for your convenience only.

14. HEADINGS The headings to the sections of the TOU are used for convenience only and shall have no substantive meaning or impact on the interpretation of the TOU.

15. LOCATION OUTSIDE THE U.S. If you are located outside the U.S., then you are responsible for complying with any local laws in your jurisdiction that might impact your right to use SmallBusiness.com, and you represent that you have complied with any regulations or registration procedures required by applicable law to make the TOU enforceable.

16. ENTIRE AGREEMENT The TOU constitute the entire agreement between you and SmallBusiness.com and the SmallBusiness.com WIKI and govern your use of SmallBusiness.com and the SmallBusiness.com WIKI, superseding any prior agreements between you and SmallBusiness.com or the SmallBusiness.com WIKI. Please note, however, that some Services may have additional or different terms related specifically to such Service only (“Service Terms”). The Service Terms are in addition to the general terms and conditions in the TOU. If there is any conflict between the TOU and the Service Terms, the Service Terms will govern with respect to that particular Service. Some terms contained in the TOU may not be applicable to a particular Service, in which case, such inapplicable terms will not apply to you with respect to that particular Service.

17. REGISTERED USERS OF SMALLBUSINESS.COM WIKI CAN BE BLOCKED OR BANNED FROM USINGS OR POSTING TO THE SITE FOR BEHAVIOR DEEMED INAPPROPRIATE BY THE OWNER OF SMALLBUSINESS.COM. Because of it’s wiki-approach to the creation of resources in an open, collaborative fashion, it is important that while you are using this wiki, whether by editing or adding content, that you be curtious to others and use your common sense. You will be blocked or banned from participating in the creation or editing of content if you involve in behavior judged by the the administrators of the site as abusive or inappropriate.

Abusive or inappropriate behavior on the SmallBusiness.com WIKI includes:

  • Spamming (posting of commerical messages, or content deemed to be designed primarily to influence search engine results). Note: User Profiles may contain commercial messages.
  • Flaming
  • Threatening Another User
  • Racism
  • Deleting Site Content Unnecessarily
  • Deliberately Posting False Information Repeatably
  • Uploading Useless Junk That Doesn’t Benefit Anyone
  • Material that will not be tolerated on SmallBusiness.com includes:
  • Pornography
  • Nudity
  • Content that falls outside the copyright guidelines described in our Copyrights policy
  • Irrelevant links and content deemed intended for commercial purposes of the influence search engine results of the sites linked to.
  • Promotions of illegal activity
  • Promotions of unethical or questionable “business opportunities”
  • Scams

Etiquette

When using SmallBusiness.com, please don’t edit any content merely because you don’t agree with it. If any information provided is incorrect or grammatical errors have been made, then feel free to change, but do not edit or delete a page needlessly.

Backup Policy

We regularly backup SmallBusiness.com. However, there may be events that cause us to lose data. We apologize for that occurrence; however, we do not guarantee that it will never happen.