The Small Business Web TERMS OF SERVICE

Last updated February 2010

PLEASE READ THE TERMS OF SERVICE SET FORTH BELOW (“TERMS OF SERVICE”) CAREFULLY. BY USING THE SMALL BUSINESS WEB WEB SITE OR ANY SERVICES OF THE SMALL BUSINESS WEB OFFERED THROUGH THIS WEB SITE (TOGETHER, THE “SERVICE”), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THIS WEB SITE.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BATCHBLUE SOFTWARE, LLC, OPERATOR OF THE SMALL BUSINES WEB WEB SITE , STATING THE TERMS THAT GOVERN YOUR USE OF THE SERVICE AND ANY AFFILIATED SERVICES. IF YOU DO NOT AGREE WITH THESE TERMS, THEN DO NOT CLICK “ACCEPT” AND DO NOT USE THE SERVICE.

BatchBlue Software, LLC (“BatchBlue”) is founded with the mission of providing usable, useful software that brings big business tools and technology to the small business sector. BatchBlue’s product research involves extensive user and usability testing through support forums and user group surveys. Please visit us frequently and browse our pages, subject to the Terms of Service set forth below. Violation of any of the terms below will result in the termination of your account.

Changes to the Terms of Service and the Web Site

  • BatchBlue reserves the right to update and change the Terms of Service from time to time without notice. Any new features that enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.thesmallbusinessweb.com/termsofservice.html. Customers are encouraged to review the Terms of Service on a periodic basis for modifications.
  • BatchBlue reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and BatchBlue will not be liable to you or to any third party should it exercise such rights.

Account Terms

  • You must be 13 years or older to use this Service.
  • You must provide your legal full name, a valid email address, and any other information requested in order to complete the registration.
  • Accounts registered by "bots" or automated methods are not permitted.
  • You are responsible for maintaining the security of your account and password on the Small Business Web. BatchBlue cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have access to your account).
  • You agree not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected the Service)
  • Your profile, ratings, and tags are assumed to be public, even if the current user interface may not show them on your profile.
  • In order to access and retain your electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
  • The Service is controlled and operated by BatchBlue from its offices in the state of Rhode Island, United States. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Service
  • BatchBlue assumes no responsibility to update the Service or keep information current or to ensure the accuracy or completeness of any content on the web site. Accordingly, you should confirm the accuracy and completeness of all content before making any decisions in reliance on such content. BatchBlue is not responsible for typographical errors found on the Service.
  • BatchBlue does not warrant, endorse or assume any liability for third-party materials, content, software or websites, including issues of accuracy, infringement.
  • BatchBlue is solely responsible for maintenance and support services to BatchBlue services, and not to any third-party services or products.

General Conditions

  • Technical support is only provided to account holders and is available via email and BatchBlue’s third-party providers.
  • You understand that BatchBlue uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service, and will not assume liability for the failure or discontinuation of these necessary vendor services.
  • You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, BatchBlue, or any other BatchBlue service.
  • You understand that the technical processing and transmission of the Service, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
  • You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
  • You must not transmit any worms or viruses or any code of a destructive nature.
  • BatchBlue does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

Cancellation and Termination

  • You are solely responsible for properly canceling your account. You must send an email to info@batchblue.com requesting cancellation of your account.
  • BatchBlue does not accept any liability for loss of content due to account cancellation.
  • Verbal, physical, written or other abuse (including threats of abuse or retribution) of any BatchBlue customer, employee, member, or officer will result in immediate account termination.
  • BatchBlue, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other BatchBlue service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. BatchBlue reserves the right to refuse service to anyone for any reason at any time.

Copyright and Content Ownership

  • We claim no intellectual property rights over the material you provide to the Service. However, you agree: (i) that by providing such material to the Service you grant BatchBlue a perpetual, royalty-free license to use and display such material on the Service in accordance with these Terms of Service; (ii) to allow others to view your content upon signing up for the Service.

Notice and Take Down Procedures; Copyright Agent

If you believe any materials accessible on or from this web site infringe your copyright, you may request removal of those materials (or access thereto) from this web site by contacting BatchBlue’s copyright agent (identified below) and providing the following information:

1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

3. Your name, address, telephone number and (if available) e-mail address.

4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

5. A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.

6. A signature or the electronic equivalent from the copyright holder or authorized representative.

BatchBlue’s agent for copyright issues relating to this web site is as follows:

Copyright agent, Pamela O'Hara, President, BatchBlue Software, info@batchblue.com

In an effort to protect the rights of copyright owners, BatchBlue reserves the right to terminate, in appropriate circumstances, users and account holders of this web site who are repeat infringers.

Restricted Content

  • You agree not to post any fraudulent, pornographic or otherwise illegal content on the website or otherwise use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • BatchBlue reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without notice or liability.
  • BatchBlue has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that BatchBlue deems appropriate
  • BatchBlue does not pre-screen content, but we may, but have no obligation to, remove content and accounts containing content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Submissions of Information

Any communication or material that you transmit to The Small Business Web site by electronic mail or otherwise, including any data, questions, comments, suggestions or other content (the “User Submissions”), is non-confidential and nonproprietary information. We may use such communication or material for any purpose whatsoever.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have the necessary licenses, rights, consents, and permissions to use and authorize BatchBlue to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the web site and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to BatchBlue, you hereby grant BatchBlue a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the The Small Business Web site and BatchBlue's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of The Small Business Web site (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of The Small Business Web site a non-exclusive license to access your User Submissions through the web site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the web site and under these Terms of Use. The above licenses granted by you will terminate within a commercially reasonable time after you remove or delete your User Submissions from The Small Business Web site. You understand and agree, however, that BatchBlue may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant to BatchBlue all of the license rights granted herein.

BatchBlue does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and BatchBlue expressly disclaims any and all liability in connection with User Submissions. BatchBlue does not permit copyright infringing activities and infringement of intellectual property rights on its web site, and BatchBlue will remove all content and User Submissions if properly notified that such content or User Submission infringes on another's intellectual property rights. BatchBlue reserves the right to remove content and User Submissions without prior notice.

Miscellaneous

  • These Terms of Service constitute the entire agreement between you and BatchBlue and govern your use of the Service, superseding any prior agreements between you and BatchBlue. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. BatchBlue’s failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service.
  • If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. BatchBlue will not be responsible for failures to fulfill any obligations due to causes beyond its control.
  • The failure of BatchBlue to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and BatchBlue and govern your use of the Service, superseding any prior agreements between you and BatchBlue (including, but not limited to, any prior versions of the Terms of Service).
  • The Small Business Web site may be unavailable from time to time due to mechanical, technical, software, hardware or third-party vendor failures, updating or construction. BatchBlue cannot predict or control when such downtime may occur and cannot control the duration of such downtime.
  • The laws of the State of Rhode Island, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws. You expressly agree that exclusive jurisdiction for any claim or dispute with BatchBlue or relating in any way to your use of the Service resides in the courts of the State of Rhode Island.

Limitation of Liability and Indemnification

  • IN NO CASE SHALL BATCHBLUE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF ANY OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THE SERVICE, INCLUDING (I) THE USE OR INABILITY TO USE THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, BATCHBLUE'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  • Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis. BATCHBLUE DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BATCHBLUE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.
  • BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD BATCHBLUE, ITS MANAGER, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY BATCHBLUE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM BATCHBLUE, ITS MANAGER, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, PRINCIPALS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF BATCHBLUE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

Questions about the Terms of Service should be sent to info@batchblue.com

Last updated: February 2010