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  Thank you for selecting the PALM -- Permit And License Management -- online product ("PALM") to find, process, submit, and maintain your governmental license & permit applications & renewals (“Licensing Automation”). This license agreement (the "Agreement") is a contract between you and Business Licenses, LLC (“BLL)” that describes the terms and conditions applicable to your use of PALM, associated services identified below, and the overall Website of BLL, collectively referred to as PALM. Before using PALM, you must read and accept the terms and conditions contained in this Agreement. If you do not agree to this Agreement, you will not be able to use PALM.
    
 

1. License Grant. BLL grants a personal, limited, non-exclusive, non-transferable license to use PALM solely for Licensing Automation. BLL may change its pricing from time to time. You should be aware that the pricing for your use of PALM might have changed, particularly if some time has passed between the date you start your licensing process and the date you finish and are ready to file or print and pay for it.

The terms "you", "your" or "user" are synonymous, and refer to the person using PALM in any way. A "user" is a user from whom BLL has received the information necessary to permit such person to print or electronically file a License/Permit prepared using PALM and who complies with the terms and conditions of this Agreement.

Except as expressly stated above, you are not licensed or permitted to do any of the following:

(a) attempt to access any other BLL systems, programs or data that are not made available for public use;

(b) Copy, reproduce, republish, upload, post, transmit, resell or distribute in any way the material from the PALM site or any BLL site or online materials, whether electronicaly or otherwise; or

(c) Attempt any actions that would prevent the use of PALM by the public.

You agree that BLL is not acting as your agent or fiduciary in connection with your use of PALM or any Third Party Services.

2. Accuracy Guarantee. BLL diligently works to ensure the accuracy of the forms, associated documents, and calculations in PALM. BLL is not responsible if you are penalized in any way because of a calculation error on a form prepared for you using PALM or because of missing or erroneous information in PALM.

3. Reservation of Rights and Ownership. BLL reserves all rights not expressly granted to you in this Agreement. PALM is protected by copyright, trade secret and other intellectual property laws. BLL owns the title, copyright, and other intellectual property rights in PALM. PALM is licensed, not sold. This Agreement does not grant you any rights to trademarks or service marks of BLL.

You shall not decompile, disassemble, or otherwise reverse engineer PALM except as otherwise permitted by applicable law notwithstanding this prohibition.

You shall not copy, transfer, use, assign, sell any portion of PALM or any other information on the PALM site or any BLL site except as expressly permitted herein.

You must indemnify and defend BLL against any claims or lawsuits, including attorneys' fees that arise from or result from the use of PALM on a professional or commercial basis.

4. Services

Electronic Filing Services. If you choose to file your License/Permit electronically, the License/Permit will either be transmitted electronically to the appropriate licensing authority or be printed and mailed using the U.S. Postal Service. You can track the status of your License/Permit online on the PALM site. You are responsible for verifying the status of your License/Permit to confirm that it has been received and accepted by the applicable licensing authority and, if necessary, for filing it manually in the event that the licensing authority rejects your electronically filed License/Permit (e.g., name and SSN don't match). You agree to review your License/Permit for indications of obvious errors before electronically filing or mailing it. Except to the extent required by applicable law, BLL may, but has no obligation to store, maintain or provide to you any information you provide to BLL.

Some licensing authorities may require BLL to notify it, in connection with the electronic filing of your License/Permit, of the Internet Protocol ("IP") address of the computer from which the License/Permit originated and whether the email address of the person electronically filing the License/Permit has been collected. By using this Service to submit your License/Permit, you consent to the disclosure to the licensing authority of all information relating to your use of the Electronic Filing Services.

Re-using the Forms. The service BLL provides is for the one-time use of each form. You are expressly prohibited from re-using any form whether electronically or in print for a new application unless you buy it again.

Help and Support. BLL may use a variety of methods (e.g., in-product, Internet, fax and phone) to provide technical support and customer service in connection with PALM and BLL Services. The terms and conditions governing the offering of this support are subject to change as announced by BLL from time to time.

BLL may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its online products and services ("Feedback"). You agree that BLL may, in its sole discretion, use the Feedback you provide to BLL in any way, including in future modifications of PALM, multimedia works and/or advertising and promotional materials relating thereto. You hereby grant BLL a perpetual, worldwide, fully transferable, non-revocable, royalty free license to use, modify, create derivative works from, distribute and display any information you provide to BLL in the Feedback.

5. Saving your Information; User ID and Password. You must save your License/Permit information in order to avoid losing it. You must create a user ID and password in order to save and access your License/Permit information on BLL's servers. You are the only person authorized to use your user ID and password, and are responsible for maintaining their confidentiality. You shall not permit or allow other persons to have access to or use your user ID and password, except if you choose to provide that information to BLL's authorized technical support personnel to assist you. You are responsible for the use of PALM under your user ID. BLL will not disclose your password if you lose or forget it.

6. Privacy of Personal and License/Permit  Information. For details of BLL's Privacy Promise please refer to our Privacy link [link]. Questions about the PALM Privacy Promise, our information practices or other aspects of privacy should be directed to customer customerservice@businesslicenses.com or Business Licenses, LLC, 386 Route 59, Suite 300, Airmont, NY 10952.

7. Satisfaction Guarantee. If you are a user and are not 100% satisfied with PALM, stop using it and contact BLL Customer Service within 30 days of paying for PALM to request a full refund of the fees you paid (if any) to BLL for using PALM.

8. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED ABOVE, PALM AND THE SERVICES ARE PROVIDED AS-IS AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLL, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, PRIVATE-LABELERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY, "REPRESENTATIVES") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING PALM OR THE SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. BLL DOES NOT WARRANT THAT PALM OR THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, OR OTHER PROGRAM LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. IN THAT EVENT, ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO 30 DAYS FROM THE DATE OF PURCHASE OF PALM OR THE SERVICES, AS APPLICABLE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

All warranties or guarantees given or made by BLL with respect to PALM or the BLL Services (1) are for the benefit of the registered user of PALM only and are not transferable, and (2) shall be null and void if a registered user breaches any terms or conditions of this Agreement.

9. LIMITATION OF LIABILITY AND DAMAGES. YOU AGREE NOT TO HOLD BLL LIABLE FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR PARTICIPATION IN PALM USAGE. ADDITIONALLY, YOUR EXCLUSIVE REMEDY AND THE ENTIRE LIABILITY OF BLL AND ITS REPRESENTATIVES FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR PALM OR THE SERVICES, AS APPLICABLE, TO BLL. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BLL AND ITS REPRESENTATIVES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOSS OF BUSINESS, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, LOSS OF PROFITS OR INVESTMENT, INABILITY TO FILE YOUR LICENSE/PERMIT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR OTHERWISE, EVEN IF BLL OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT DOES BLL ASSUME ANY LIABILITY TO ANY PARTY OTHER THAN YOU ARISING OUT OF YOUR USE OR INABILITY TO USE PALM OR THE SERVICES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN BLL AND YOU. BLL WOULD NOT BE ABLE TO HAVE PROVIDED PALM OR SERVICES WITHOUT SUCH LIMITATIONS.

10. Miscellaneous. This Agreement is a complete statement of the agreement between you and BLL, and sets forth the entire liability of BLL and its Representatives and your exclusive remedy with respect to PALM and the Services and their use. The agents, employees, distributors, and dealers of BLL are not authorized to make modifications to this Agreement, or to make any additional representations, commitments, or warranties binding on BLL. Any waiver of the terms herein by BLL must be in a writing signed by an authorized officer of BLL and expressly referencing the applicable provisions of this Agreement. If any provision of this Agreement is invalid or unenforceable under applicable law, then it shall be, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. This Agreement will be governed by New York law as applied to agreements entered into and to be performed entirely within New York, without regard to its choice of law or conflicts of law principles, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Rockland County, New York. Headings are included for convenience only, and shall not be considered in interpreting this Agreement. This Agreement does not limit any rights that BLL may have under trade secret, copyright, patent or other laws.

This Agreement may be terminated by BLL immediately and without notice if you fail to comply with any term or condition of this Agreement. Upon such termination, you must immediately cease using PALM and the Services. BLL shall have the right to change or add to the terms of its Agreement at any time, and to change, delete, discontinue, or impose conditions on any feature or aspect of PALM and the Services (including but not limited to internet based services, pricing, technical support options, and other product-related policies) upon notice by any means BLL determines in its discretion to be reasonable, including posting information concerning any such change, addition, deletion, discontinuance or conditions in PALM or on any BLL sponsored Web site, including but not limited to the Web site listed above. Any use of PALM by you after BLL's publication of any such changes shall constitute your acceptance of this Agreement as modified.

11. U.S. Government Restricted Rights. The Software is a "commercial item", as that term is defined at 48 C.F.R. 2.101 (OCT 1995), consisting of "commercial computer software" and "commercial computer software documentation", as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227-7202-1 through 227-7202-4 (JUNE 1995), all U.S. Government End Users acquire the Software with only those rights set forth herein. Business Licenses, LLC, 386 Route 59, Suite 300, Airmont, NY 10952.

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