Effective Date: May 15, 2020
Small Business Strong Website Terms of Service
Welcome to Small Business Strong, LLC’s business assistance website. Small Business Strong, LLC (“we”, “us”, or “SBS”) makes available through its www.smallbstrong.com website (the “Website”) informational resources about business resilience and best practices and a means of requesting assistance from volunteer service professionals (those services and the Website are collectively referred to as the “Service”). By accessing or using the Service you individually and on behalf of your business (hereafter “User”, “you”, or “your”) signify that you have read, understand, and agree to be bound by these Terms of Service.
The Website includes a submission form that you can use to apply for enrollment in the Service. Enrollment in the Service is not automatic but is at the sole discretion of SBS. Likewise, your continued enrollment in the Service after initial enrollment will remain at SBS’ sole discretion subject to termination at any time for any or no reason. Enrollment in the Service, if you are accepted for enrollment, requires your agreement to additional terms that will be shared with you, and which you will, accept via email.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and we will indicate at the top of this page the date upon which the most recent version of these Terms of Service became effective. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.
If you do not agree to abide by these or any future Terms of Service or the Privacy Policy, do not use or access (or continue to use or access) the Service. It is your responsibility to regularly check the Website to determine if there have been changes to these Terms of Service and to review such changes.
Please read these Terms of Service carefully, as they contain important information regarding your legal obligations, remedies, and rights, including various limitations and exclusions.
Proprietary Rights in Service
All content on the Service, including designs, computer code, text, graphics, pictures, music, sound, and other works and their selection and arrangement (collectively, the “Service Content”) is the property of SBS, its licensors, or other Users. No Service Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without SBS’ prior written permission. You are granted a limited, non-exclusive, and nontransferable license to access and use the Service and the Service Content in accordance with these Terms of Service, including any member areas to which you have properly gained access, solely for your personal, non-commercial use. You may not upload or republish Service Content on any internet, intranet or extranet site or incorporate the information in any other database or compilation, and any other use of the Service Content is strictly prohibited. Such license does not permit use of any data mining, robots, scraping, or similar data gathering or extraction methods. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights.
Wireless Features
The Service may offer certain features and services that are available to you via your wireless Internet device. These features and services may include the ability to access the Service’s, or an application associated with the Service’s, features, and the ability to upload content to the Service or associated applications, receive messages from the Service or any associated application, and download applications to your wireless Internet device (collectively, “Wireless Features”). Standard messaging, data, and other fees may be charged by your carrier to participate in Wireless Features. Fees and charges may appear on your wireless bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Internet device. You should check with your carrier to find out what plans are available and how much they cost. Contact your carrier with questions regarding these issues.
You agree that as to the Wireless Features for which you are registered for, we may send communications to your wireless device regarding us or other parties. Further, we may collect information related to your use of the Wireless Features. If you have registered via the Service or via an associated application for Wireless Features, then you agree to notify SBS of any changes to your wireless contact information (including phone number) and update your accounts for the Service to reflect the changes.
User Conduct
The Service is the property of SBS and SBS’ licensors. SBS grants you a limited, revocable, non-exclusive, non-transferrable, and non-sublicensable license to use the Service. By using the Service, you acknowledge that the Service is intended solely for your personal and non-commercial use and you promise and agree that you will not sell or transfer the Service or use of the Service to third parties.
You may not use the Service to conduct any activity that is illegal or violates the rights of others or provide instructional information about illegal activities.
You shall not use, frame or utilize framing techniques to enclose any trademark, logo or other proprietary information (including the images found at this Service, the content of any text or the layout/design of any page or form contained on a page) of SBS without SBS’ express written consent in advance.
You may not use any robot, spider, scraper, automated scripts or other automated means to access the Service or content or services provided on the Service for any purposes. You shall not attempt to make the Service unavailable through denial-of-service attacks or similar means or use the Service in a manner that could damage, disable, or impair the Service.
Privacy
You agree that you have read, understood and accept the terms of SBS’ Privacy Policy. This policy governs the collection, use, and sharing of personal and non-personal information from you when using the Service.
Your Linking to the Service
You are granted a limited, non-exclusive right to create a hyperlink to the Service provided such link does not portray SBS or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner and does not create the appearance of affiliation with or sponsorship by SBS. You may not use any logo or other proprietary graphic or trademark of SBS to link to any page of the Service without the express written permission of SBS. This limited right may be revoked at any time.
Links to Other Websites
SBS may contain links to other websites that are not under the control of SBS. The inclusion of any link does not imply endorsement by SBS of such site and SBS is not responsible for the content of such linked sites. If you decide to leave the Service and access a third-party website, you do so at your own risk.
Disclaimer of Warranties
The Service, the Service Content and the other content, information and functionality made available on the Service are provided on an “as is” and “as available” basis. SBS does not make and disclaims all express and implied warranties and representations, including, but not limited to, any implied warranty of fitness for a particular purpose, with regard to the Service, the Service Content, or any advice, database content or services provided through the Service to the extent permitted by law. SBS does not warrant that access to the Service, Service Content, other content, or other services will be uninterrupted or error-free, that defects in the Website, the Service or the Service Content will be corrected, or that the Website or Service is free from viruses or other harmful components.
The advice, recommendations, information, and conclusions published as part of the Service are not in any way vetted, approved, or endorsed by SBS, and you use such information at your own risk. You expressly agree that use of the Service, including all content, data, or software distributed by, downloaded, or accessed from or through the Service, is at your sole risk.
Limitation of Liability
Under no circumstances shall SBS, its partners, contributors, agents, licensors, employees, directors, or affiliates be liable for any indirect, incidental, special, exemplary, punitive, or consequential damages (even if it has been advised of the possibility of such damages), including but not limited to such damages for lost data, due to your use of the Service or due to your reliance on any of the content contained or the services provided on or through the Service.
Indemnification
You agree to indemnify and hold harmless SBS, its officers, employees, agents, subsidiaries, affiliates, and other partners, from and against any claims, actions, or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to arise out of or result from, your use of the Service or your violation of these Terms of Service.
Comments and Suggestions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service or the service provided on the Service (“Comments”), provided by you to SBS are non-confidential and that SBS shall be entitled to the unrestricted use and dissemination of these Comments for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Governing Law and Venue
These Terms of Service shall be governed by the laws of the Commonwealth of Massachusetts and the applicable federal laws of the United States of America. All disputes arising under, or in any way connected with membership in or use of the Service, shall be litigated exclusively in the state and federal courts residing in the Commonwealth of Massachusetts, and in no other court or jurisdiction. You hereby submit to the jurisdiction of the state and federal courts sitting in the Commonwealth of Massachusetts.
Miscellaneous Terms
SMALL BUSINESS STRONG and the Small Business Strong Logo are trademarks of Small Business Strong, LLC. You agree not to display or use these trademarks in any manner without SBS’ prior, written permission.
SBS may assign this agreement at any time. You may not assign or transfer this agreement.
These Terms of Service constitute the entire agreement between SBS and you concerning your access to and use of the Service, and may be modified by the unilateral amendment of these Terms of Service by SBS and the posting of such amended version in relation to the Services.
If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.
The failure of SBS to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision in any that or any instance.
Effective Date
These Terms of Service were last revised on May 18, 2020.
Contact Us
If you have any questions or suggestions regarding these Terms of Service, please contact SBS at:
Small Business Strong, LLC, 265 Franklin Street, Suite 1700, Boston, MA 02110
4819248.2