Thank you for choosing our site -- www.businesslicenses.com -- and our products and services that help in the procurement and management of business licenses, permits, and tax registrations ("LAPEL™"). 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 LAPEL™. Before using LAPEL™, you must read and accept the terms and conditions contained in this Agreement. If you do not agree to this Agreement, you are not permitted to use LAPEL™.
    
 

1. License Grant. BLL grants a personal, limited, non-exclusive, non-transferable license to use LAPEL™ solely for the purposes stated herein. BLL may change its pricing from time to time.

The terms "you", "your" or "user" are synonymous, and refer to the person using LAPEL™ in any way. A "user" is a user from whom BLL has received the information necessary to permit such person to use LAPEL™ 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 LAPEL™ site or any BLL site or online or other materials, whether electronically or otherwise; or

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

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

2. Accuracy Guarantee. BLL works diligently to ensure the accuracy of the LAPEL™ products. BLL is not responsible if you are penalized in any way because of missing or erroneous information in LAPEL™ or any other harm caused by your usage of LAPEL™.

3. Reservation of Rights and Ownership. BLL reserves all rights not expressly granted to you in this Agreement. LAPEL™ is protected by copyright, trade secret and other intellectual property laws. BLL owns the title, copyright, and other intellectual property rights in LAPEL™. LAPEL™ 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 LAPEL™ except as otherwise permitted by applicable law notwithstanding this prohibition.

You shall not copy, transfer, use, assign, sell any portion of LAPEL™ or any other information on the LAPEL™ 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 LAPEL™ on a professional or commercial basis.

4. Services

LAPEL™ encompasses many different products and services.

Electronic Filing Services. If you choose to file for your business license, permit, or tax registration electronically, the application will either be transmitted electronically to the appropriate licensing authority or be printed and mailed using the U.S. Postal Service. You can sometimes track the status of your application online on the LAPEL™ site. You are responsible for verifying the status of your license, permit, or tax registration 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 application, for whatever reason. You agree to review your application 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 application, of the Internet Protocol ("IP") address of the computer from which the application originated and whether the email address of the person electronically filing the application has been collected. By using our submission services to submit your application, you consent to the disclosure to the licensing authority of all information relating to your use of the Electronic Filing Services.

Re-using Forms. The services BLL provides which include digitized forms are for the one-time use of each form. You are expressly prohibited from re-using any form whether electronically or in print 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 LAPEL™ 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 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 LAPEL™, 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 information in order to avoid losing it. You must create a user ID and password in order to save and access your 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 LAPEL™ under your user ID. BLL will not disclose your password if you lose or forget it.

6. Privacy of Personal Information. For details of BLL's Privacy Promise please refer to our Privacy link. Questions about the LAPEL™ Privacy Promise, our information practices or other aspects of privacy should be directed to our Customer Service Department at customerservice@businesslicenses.com or to Business Licenses, LLC, 21 Robert Pitt Drive, Suites 310-318, Monsey, NY 10952.

7. Satisfaction Guarantee. If you are a user but are not 100% satisfied with LAPEL™, stop using it and contact BLL Customer Service within 30 days of paying for LAPEL™ to request a full refund of the fees you paid (if any) to BLL for using LAPEL™. Refunds will only be tendered if we deem your request to be legitimate and you submit the request timely.

8. DISCLAIMER OF WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED ABOVE, LAPEL™ AND ANY OF OUR 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 LAPEL™ OR THE SERVICES, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, AND NON-INFRINGEMENT. BLL DOES NOT WARRANT THAT LAPEL™ OR ANY OF ITS 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 LAPEL™ 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 LAPEL™ or any BLL Services are (1) for the benefit of the registered users of LAPEL™ 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 LAPEL™ 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 LAPEL™ OR ANY BLL 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 LAPEL™ OR ANY BLL 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 LAPEL™ 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 LAPEL™ 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 LAPEL™ 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 LAPEL™ 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 LAPEL™ or on any BLL sponsored Web site, including but not limited to the Web site listed above. Any use of LAPEL™ 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, 21 Robert Pitt Drive, Suites 310-318, Monsey, NY 10952.