1. Usage License
smallbiztrade.net grants you a limited
license to access the Site and use the Services in accordance with these
Terms and the instructions and guidelines posted on the Site.
smallbiztrade.net reserves the rights to terminate your license to use the
Site and Services at any time and for any reason or in the future charge for
commercial usage.
2. User Responsibility
You are solely responsible for your use of
the Site and Services. Because smallbiztrade.net merely serves as a
repository of information, user-posted content does not represent the
advice, views, opinions or beliefs of smallbiztrade.net, and
smallbiztrade.net makes no claim of accuracy of any user-posted material.
smallbiztrade.net allows for the posting of links to third-party websites.
The linked websites' content, business practices and privacy policies are
not under our control, and we are not responsible for the content of any
linked website or any link contained in a linked website. The inclusion of a
link on the Site or Services does not imply any endorsement by or any
affiliation with smallbiztrade.net. In accessing the Site and Services or
following links to third-party websites you may be exposed to content that
you consider offensive or inappropriate. You agree that your only recourse
is to stop using the Site and Services.
3. User-Posted Content
By posting content, you are granting
permission to us and others to access and use it in connection with the
Services, the Site and otherwise in connection with our business.
smallbiztrade.net is explicitly not
responsible for the manner or circumstances by which third parties access or
use public content and is under no obligation to disable or otherwise
restrict this access. smallbiztrade.net provides you with the ability to
retrieve and remove your posted content and your personal information from
the Site and the Services. This ability does not extend to copies that
others may have made or to copies that we may have made for backup purposes.
4. Feeds and API
smallbiztrade.net provides access to
portions of its Site and Services via RSS feeds and an API; for the purposes
of these Terms, such access constitutes use of the Site and Services.
smallbiztrade.net asks that you use these features respectfully, as outlined
in the documentation. You may not use these or any other features or the
Site itself to allow the display of a substantial portion of the
smallbiztrade.net database or reproduce, duplicate or copy the
smallbiztrade.net Site. smallbiztrade.net reserves the rights to change
these features at any time and to disable access to the feeds and the API at
any time for any reason.
5. Intellectual Property (Trademarks &
Copyrights)
smallbiztrade.net, the smallbiztrade.net
logo and the smallbiztrade.net design are trademarks or trade dress of
smallbiztrade.net, and may not be used without express written permission
from smallbiztrade.net, other than for attribution. All other trademarks not
owned by smallbiztrade.net that appear on this Site are the property of
their respective owners, who may or may not be affiliated with, connected
to, or sponsored by smallbiztrade.net.
smallbiztrade.net-originated content
included on the Site, such as text, graphics, logos, data compilations,
APIs, software and the compilation of all content on the Site, is the
property of smallbiztrade.net and its licensors and protected by United
States and international copyright laws. Except as set out in these Terms,
no reproduction of any smallbiztrade.net-originated content is permitted
without written permission from smallbiztrade.net.
User-posted content is copyrighted, and any
use or reproduction of user-posted content must comply with the terms of the
respective license(s) and must include a label indicating such license.
6. No Warranty and Limitation of Liability
smallbiztrade.net PROVIDES THE SITE AND
SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR
STATUTORY. smallbiztrade.net SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you.
You understand and agree that you use the
Site and Services at your own discretion and risk and that you will be
solely responsible for any damages that arise from such use. UNDER NO
CIRCUMSTANCES SHALL smallbiztrade.net BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY
OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE),
INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON,
INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR
SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE
NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA,
GOODWILL OR PROFITS, WHETHER OR NOT smallbiztrade.net HAS BEEN ADVISED OF
SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH
THIS SITE OR SERVICES OR WITH smallbiztrade.net SHALL BE TO TERMINATE USE OF
THIS SITE AND SERVICES. Some states do not allow the exclusion of liability
for incidental or consequential damages, so the above exclusions may not
apply to you.
7. Other
smallbiztrade.net and you are independent
entities, and nothing in the Terms, or via use of the Site or Services, will
create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between smallbiztrade.net and
you.
These Terms supersede any previous
agreement and represent the entire agreement between smallbiztrade.net and
you. These Terms are governed by the laws of the State of California without
reference to conflict of laws principles. If any provision of the Terms is
adjudged to be illegal or unenforceable, the continuation in full force of
the remainder of the Terms will not be prejudiced, and the illegal or
unenforceable provision of the Terms shall be severed accordingly.
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