TERMS & CONDITIONS
1. ACCEPTANCE OF TERMS
Welcome to The Small Business Credit Guru. The Small
Business Credit Guru provides its service to you, subject
to the following Terms of Service ("TOS"), which may be
updated by us from time to time without notice to you. In
addition, when using particular The Small Business Credit
Guru services, you and The Small Business Credit Guru shall
be subject to any posted guidelines or rules applicable to
such services which may be posted from time to time. All
such guidelines or rules are hereby incorporated by
reference into the TOS.
2. DESCRIPTION OF SERVICE
The Small Business Credit Guru currently provides
profiles of how-to books through the interactivity of the
Internet. You are responsible for obtaining access to the
Service and that access may involve third party fees (such
as Internet service provider or airtime charges). You are
responsible for those fees, including those fees associated
with the display or delivery of advertisements. In
addition, you must provide and are responsible for all
equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree
to: (a) provide true, accurate, current and complete
information about yourself as prompted by the Service's
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the
Registration Data to keep it true, accurate, current and
complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Public School
Review has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or
incomplete, Public School Review has the right to suspend
or terminate your account and refuse any and all current or
future use of the Service (or any portion thereof).
4. PUBLIC SCHOOL REVIEW PRIVACY
POLICY
Registration Data and certain other information about
you is subject to our Privacy Policy. For more information,
please follow the link to our privacy policy on our home
page.
5. MEMBER ACCOUNT, PASSWORD AND
SECURITY
You will receive a password and account designation upon
completing the Service's registration process. You are
responsible for maintaining the confidentiality of the
password and account, and are fully responsible for all
activities that occur under your password or account. You
agree to (a) immediately notify The Small Business Credit
Guru of any unauthorized use of your password or account or
any other breach of security, and (b) ensure that you exit
from your account at the end of each session. Public School
Review cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that all information, data, text,
messages or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole
responsibility of the person from which such Content
originated. This means that you, and not The Small Business
Credit Guru, are entirely responsible for all Content that
you upload, email, transmit or otherwise make available via
the Service. Under no circumstances will Public School
Review be liable in any way for any Content, including, but
not limited to, for any errors or omissions in any Content,
or for any loss or damage of any kind incurred as a result
of the use of any Content posted, emailed, transmitted or
otherwise made available via the Service.
You agree to not use the Service
to:
- Impersonate any person or entity, or falsely state
or otherwise misrepresent your affiliation with a
person or entity;
- Forge headers or otherwise manipulate identifiers
in order to disguise the origin of any Content
transmitted through the Service;
- Interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of
networks connected to the Service;
- Intentionally or unintentionally violate any
applicable local, state, national or international law,
including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any
rules of any national or other securities exchange,
including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ,
and any regulations having the force of law;
- Collect or store personal data about other
users.
You acknowledge that Public School Review does not
pre-screen Content, but that The Small Business Credit Guru
and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any
Content that is available via the Service. Without limiting
the foregoing, Public School Review and its designees shall
have the right to remove any Content that violates the TOS
or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of
any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any
Content created by Public School Review or submitted to The
Small Business Credit Guru, including without limitation
information in The Small Business Credit Guru Message
Boards, The Small Business Credit Guru Clubs, and in all
other parts of the Service.
You acknowledge and agree that Public School Review may
preserve Content and may also disclose Content if required
to do so by law or in the good faith belief that such
preservation or disclosure is reasonably necessary to: (a)
comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of
third-parties; or (d) protect the rights, property, or
personal safety of The Small Business Credit Guru, its
users and the public.
You understand that the technical processing and
transmission of the Service, including your Content, may
involve (a) transmissions over various networks; and (b)
changes to conform and adapt to technical requirements of
connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL
USE
Recognizing the global nature of the Internet, you agree
to comply with all local rules regarding online conduct and
acceptable Content. Specifically, you agree to comply with
all applicable laws regarding the transmission of technical
data exported from the United States or the country in
which you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR
INCLUSION ON THE SERVICE
The Small Business Credit Guru does not claim ownership
of Content you submit or make available for inclusion on
the Service. However, with respect to Content you submit or
make available for inclusion on publicly accessible areas
of the Service, you grant The Small Business Credit Guru
the following world-wide, royalty free and non-exclusive
license(s), as applicable:
ยท With respect to Content you submit or make available for
inclusion on publicly accessible areas of Public School
Review, the license to use, distribute, reproduce, modify,
adapt, publicly perform and publicly display. This license
exists only for as long as The Small Business Credit Guru
removes such Content from the Service.
9. INDEMNITY
You agree to indemnify and hold Public School Review,
and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees,
made by any third party due to or arising out of Content
you submit, post, transmit or make available through the
Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of
any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell,
resell or exploit for any commercial purposes, any portion
of the Service, use of the Service, or access to the
Service.
11. MODIFICATIONS TO SERVICE
The Small Business Credit Guru reserves the right at any
time and from time to time to modify or discontinue,
temporarily or permanently, its Services (or any part
thereof) with or without notice. You agree that The Small
Business Credit Guru shall not be liable to you or to any
third party for any modification, suspension or
discontinuance of the Service.
12. TERMINATION
You agree that The Small Business Credit Guru, in its
sole discretion, may terminate your password, account (or
any part thereof) or use of the Service, and remove and
discard any Content within the Service, for any reason,
including, without limitation, for lack of use or if The
Small Business Credit Guru believes that you have violated
or acted inconsistently with the letter or spirit of the
TOS. The Small Business Credit Guru may also in its sole
discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service
under any provision of this TOS may be effected without
prior notice, and acknowledge and agree that The Small
Business Credit Guru may immediately deactivate or delete
your account and all related information and files in your
account and/or bar any further access to such files or the
Service. Further, you agree that The Small Business Credit
Guru shall not be liable to you or any third-party for any
termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or
participation in promotions of, advertisers found on or
through the Service, including payment and delivery of
related goods or services, and any other terms, conditions,
warranties or representations associated with such
dealings, are solely between you and such advertiser. You
agree that The Small Business Credit Guru 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 on the
Service.
14. LINKS
The Service may provide, or third parties may provide,
links to other World Wide Web sites or resources. Because
The Small Business Credit Guru has no control over such
sites and resources, you acknowledge and agree that The
Small Business Credit Guru is not responsible for the
availability of such external sites or resources, and does
not endorse and is not responsible or liable for any
Content, advertising, products, or other materials on or
available from such sites or resources. You further
acknowledge and agree that The Small Business Credit Guru
shall not be responsible or liable, directly or indirectly,
for any damage or loss caused or alleged to be caused by or
in connection with use of or reliance on any such Content,
goods or services available on or through any such site or
resource.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
PUBLIC SCHOOL REVIEW EXPRESSLY DISCLAIMS ALL WARRANTIES OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. PUBLIC SCHOOL REVIEW MAKES NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL
BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE
CONTENT INCLUDED IN OUR SITE WILL BE ACCURATE OR RELIABLE,
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR
OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR
SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM PUBLIC SCHOOL REVIEW OR THROUGH OR
FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOARDING SCHOOL
REVIEW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
PUBLIC SCHOOL REVIEW HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY
TO USE 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 SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD
PARTY ON THE SERVICE; OR (Iv) ANY OTHER MATTER RELATING TO
THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF
THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY
TO YOU.
18. NOTICE
Notices to you may be made via either email or regular
mail. The Service may also provide notices of changes to
the TOS or other matters by displaying notices or links to
notices to you generally on the Service.
19. TRADEMARK INFORMATION
The Small Business Credit Guru, the The Small Business
Credit Guru logo, and other The Small Business Credit Guru
service names are trademarks of The Small Business Credit
Guru, inc. (the "The Small Business Credit Guru Marks").
Without The Small Business Credit Guru's prior permission,
you agree not to display or use in any manner, the Public
School Review Marks.
20. COPYRIGHTS and COPYRIGHT AGENTS
The Small Business Credit Guru respects the intellectual
property of others, and we ask our users to do the same. If
you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual
property rights have been otherwise violated, please
provide The Small Business Credit Guru's Copyright Agent
the following information:
1. an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright
or other intellectual property interest;
2. a description of the copyrighted work or other
intellectual property that you claim has been
infringed;
3. a description of where the material that you claim is
infringing is located on the site;
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that
you are the copyright or intellectual property owner or
authorized to act on the copyright or intellectual property
owner's behalf.
The Small Business Credit Guru's Agent for Notice of
claims of copyright or other intellectual property
infringement can be reached as follows:
information@smallbusinesscreditguru.com
21. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
The Small Business Credit Guru and govern your use of the
Service, superceding any prior agreements between you and
Public School Review. 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. The
TOS and the relationship between you and The Small Business
Credit Guru shall be governed by the laws of the State of
New York without regard to its conflict of law provisions.
You and The Small Business Credit Guru agree to submit to
the personal and exclusive jurisdiction of the courts
located within the county of Norfolk, Virginia. The failure
of The Small Business Credit Guru to exercise or enforce
any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the
TOS is found by a court of competent jurisdiction to be
invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties' intentions
as reflected in the provision, and the other provisions of
the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim
or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after
such claim or cause of action arose or be forever
barred.
The section titles in the TOS are for convenience only
and have no legal or contractual effect.
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