Terms of Service
Last modified: July 16, 2018
Please read the Terms carefully before you start to use the Site or order or use any Services. By accessing or using the Site or by ordering or using any Services, you accept and agree to be bound and abide by these Terms, including the Policies. If you do not want to agree to these Terms, you must not access or use the Site or order or use any Services.
This Site and the Services are offered and available to users who are 18 years of age or older and are located in the United States or Canada. Services are specific to the geographic area in which you are located, and may not be available in all geographic locations within the United States and Canada. By accessing or using this Site or ordering or using any Services, you represent and warrant that you are of legal age to form a binding contract with Business Licenses and meet all of the foregoing eligibility requirements. If you are an individual agreeing to these Terms on behalf of an entity, you represent and warrant that you have the requisite power, authority and capacity to bind that entity, and to order the Services ordered by you hereunder on behalf of such entity, and “you” shall refer herein to such entity. You further represent and warrant that you shall not use the Site or the Services in a manner contrary to or in violation of any applicable federal, state, or local law, rule, or regulation. If you cannot make these representations and warranties or do not meet all of these requirements, you must not access or use the Site or order or use any Services.
Modification to Terms
Business Licenses reserves the right to revise the Terms, including the Policies, at any time in our sole discretion. All changes are effective immediately when we post them on the Site and apply to all access to and use of the Site and orders for and use of the Services thereafter. Your continued use of the Site or orders or use of the Services following the posting of revised Terms means that you accept and agree to the revised Terms. You are expected to check the Site and this page from time to time so that you are aware of any changes, as they are binding on you.
Services and Disclaimers
Business Licenses provides services to assist individuals and companies of all sizes in researching, acquiring and managing federal, state, county, and municipal business licenses, permits and tax registrations “Licenses” in the United States and Canada. The Services we offer through the Site include compliance packages that automatically research our databases of Licenses and present you with a report listing the initial Licenses required for your business, including certain information to assist you in filing for those Licenses (each a “BLCP”), as well as more comprehensive services where you provide us with the information required for filing the Licenses and on a one-time basis we prepare the License forms using your information for you to file or in some cases file the Licenses on your behalf (“Filing Services”).
Please note that these Terms apply only to the Services that you can order directly through the Site (i.e. BLCPs and Filing Services). However, they apply to those Services even if your order is initiated on the Site but finalized by telephone or other means. For Filing Services, the cost of such Services may vary based on the jurisdiction and the type of License. While we may list a package price for such Filing Services on the Site, that price is reflective of the price for form preparation services in most jurisdictions. However, it may not be valid in all jurisdictions or reflect more complicated Filing Services, such as where we do the filing on your behalf. Accordingly, for Filing Services, you may be required to complete your order through a telephone call with a Business Licenses sales representative or via other means separate from the online ordering process through the Site.
We also offer services in addition to the Services offered through the Site, such as an online access to software for you to research, acquire and manage Licenses and associated renewals on an ongoing basis and license compliance and management services for such purposes. While these services may be described on the Site, they cannot be ordered directly through the Site, are subject to separate terms and conditions and fees, and require you to enter into a separate written agreement with Business Licenses for such services.
BUSINESS LICENSES IS NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, FINANCIAL TAX OR OTHER PROFESSIONAL ADVICE OR SERVICES. THE SERVICES DO NOT INCLUDE THE PROVISION OF LEGAL, ACCOUNTING, FINANCIAL TAX OR OTHER PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED UPON AS SUCH. IF ANY SUCH PROFESSIONAL ADVICE IS REQUIRED, WE URGE YOU TO CONSULT WITH APPROPRIATE ADVISORS. BLL SHALL IN NO WAY BE CONSTRUED AS A “PREPARER” OF ANY TAX OR LICENSE RELATED DOCUMENTS.
For Services ordered under these Terms, you agree to pay Business Licenses the applicable fees in accordance with our then current standard fee schedules for such Services (or such other fees as we may agree to with you, such as for Filing Services in certain jurisdictions or where we are asked to take on a larger role as described above). We reserve the right to modify those fees at any time. Our fees are exclusive of any taxes, levies, or duties, you are wholly responsible for any taxes, levies or duties that may arise out of this Agreement or your purchase or use of the Services, including without limitation sales, use or value-added taxes. All fees are due in advance at the time of purchase and are non-refundable. While we are under no obligation to do so, to the extent that we advance any amounts on your behalf, including without limitation taxes, filing fees, courier and delivery charges, and any other third-party fees or charges, you agree to reimburse us for such amounts immediately upon our request or invoice. If we do not receive payment from your payment account issuer or its agent, then you agree to pay all amounts due upon demand by Business Licenses or any of our agents. Amounts not paid when due are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is greater, plus all reasonable expenses of collection.
The content, including but not limited to BLCPs, License application or registration forms, and other written text, information, forms, applications, software, graphics, pictures, images, video, music, sound, data and files, to which you have access to as part of, or through your use of the Site or the Services (“Site Material”) comes from a variety of sources. Some of this Site Material originates from Business Licenses, but much of the Site Material originates from other sources. For example, the forms for License applications or registrations available through the Services originate from the licensing authority for such License. BUSINESS LICENSES IS NOT RESPONSIBLE FOR AND DOES NOT ENDORSE ANY SITE MATERIAL THAT DOES NOT ORIGINATE FROM BUSINESS LICENSES AND CANNOT AND DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO ANY SUCH SITE MATERIAL. ALL SITE MATERIAL, INCLUDING SITE MATERIAL ORIGINATING FROM BUSINESS LICENSES, IS PROVIDED TO YOU “AS IS” FOR YOUR USE IN ACCORDANCE WITH THESE TERMS ONLY. NEITHER WE NOR OUR SUPPLIERS OR LICENSES MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY SITE MATERIAL.
Certain Site Material is available for free to all users of the Site, and other Site Material (“Restricted Site Material”) is made available only to users who are authorized to access and use such Site Material as part of a purchase of Services hereunder or that are an authorized user of an entity that has purchased a right to access and use such Site Material pursuant to a separate written agreement with Business Licenses (each an “Authorized User” with respect to the Restricted Site Material). You represent and warrant that you are an Authorized User of any Restricted Site Material that you access or use.
You may view the Site for evaluation purposes. You may access and use the Services and the Site Material only for your internal business purposes and not for further reproduction, publication or distribution, and may only access and use Restricted Site Material with respect to which you are an Authorized User. You may not download, copy, reproduce, distribute, circulate, transmit, publish, broadcast, display, sell, license, modify, create derivative works of or otherwise exploit any of the Site Material in any manner and for any purpose whatsoever without the prior written consent of Business Licenses, provided that (a) you can make a reasonable number of copies of Restricted Site Material for use by you and your employees, contractors, advisors or agents (your “Representatives”) for your internal business purposes, (b) your computer may temporarily store copies of such Site Material in RAM incidental to your accessing and viewing those materials, (c) you may store files that are automatically cached by your Web browser for display enhancement purposes, and (d) you may print one copy of a reasonable number of pages of Site Material other than Restricted Site Material for your own personal, non-commercial use and not for further reproduction, publication, or distribution.. You are responsible for (i) ensuring that any of your Representatives that receive Site Material comply with these Terms and (ii) for any breach of these Terms by your Representatives. If you are ordering any Services or accessing or using any Restricted Site Material, you represent and warrant that neither you or any of your Representatives are a competitor of Business Licenses. You shall not, directly or indirectly, permit any third party to use the Services or any Site Material or offer or use the Services for the benefit of any third party, including in any computer service business, service bureau arrangement, outsourcing or subscription service, time sharing or other participation arrangement. You shall not develop, market, license or sell a product or service which appropriates or uses as source material any Site Material.
If you have ordered Services that include the right to access and use Restricted Site Material consisting of a License or permit application, you right to use that License or permit application is limited to opening the application, completing the application, saving the application, printing the application, and making a reasonable number of copies of the application as required for filing the applicable License application and your internal records in connection with such License transaction. Please note however, that while the features and functionality we have provided on the Site should enable most users to be able to edit, print and save their License applications, Business Licenses cannot warrant that any specific customer will be able to print, save or edit its License applications.
Information Provided by You
You acknowledge and agree that, in order for us to provide Services that you have ordered to you, you are required to provide certain information, data, documentation and other content to us (such information, data, documentation and other content provided directly or indirectly by you to us, including any modifications thereto made by us at your request, “Your Content”). You are solely responsible for the accuracy, completeness, quality, integrity, legality and sufficiency of Your Content. You acknowledge and agree that performance of the Services you have ordered is dependent on the timely provision of Your Content to Business Licenses and your completion of your other responsibilities and obligations under these Terms, and that Business Licenses is relying upon Your Content in the performance of the Services, including without limitation the preparation and completion of License applications, without any verification by Business Licenses as to the accuracy, completeness, quality, integrity, legality or sufficiency of Your Content. You represent and warrant that (a) you have obtained all rights and authority, including the necessary consents from any affected third parties, to provide Your Content to Business Licenses in connection with the Services and that Your Content, (b) Your Content, is accurate and complete and complies with all applicable laws and regulations. You further agree to indemnify and hold harmless and (at our request) defend us and our affiliates, officers, directors, employees, agents, and representatives from and against any claim, liability, loss, damage, cost and expense, including reasonable without limitation attorneys' fees), that directly or indirectly are caused by or arise out of Your Content.
Outbound Linking Policy Statement
Any link used on this Site is provided for your convenience. This includes links contained in advertisements, including banner advertisements and sponsored links. The appearance of a link does not constitute an endorsement, recommendation or certification by Business Licenses of the linked website or resources or the entities, businesses, products or services to which the link relates. We have no control over the contents of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or resources linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or resources.
Restrictions on Use of Site
You may use the Site only or lawful purposes and in accordance with these Terms. You agree not to: (a) use the Site in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries); (b) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm the Company or users of the Site or expose them to liability; (c) use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site; (d) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site; (e) use any manual process to monitor or copy any of the material on the Site for any purpose not expressly permitted under these Terms without our prior written consent; (f) use any device, software, or routine that interferes with the proper working of the Site; (g) introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; (i) attack the Site via a denial-of-service attack or a distributed denial-of-service attack; or (j) otherwise attempt to interfere with the proper working of the Site.
The Site, the Site Material and all software and other technology used by Business Licenses to provide the Site, the Services and the Site Material and all associated intellectual property rights (“Business Licenses Technology”) are owned by the Business Licenses and its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Your rights to access and use the Site, the Services and the Site Material are licensed, not sold to you. Nothing contained herein or in the Site, the Services or the Site Material is intended to grant, nor shall these Terms, the Site, the Services or any Site Material be construed as granting by implication, estoppel or otherwise, any license or right of use to any Business Licenses Technology, except the limited rights to access and use the Site, the Services and the Site Material expressly granted to you hereunder.
Except to the extent such prohibition is void under applicable law, you may not decompile, disassemble, attempt to derive the source code of, reverse engineer any Business License Technology. You agree that you will not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within the Site, the Services or any Site Material.
Certain business names, logos, product and service names, designs, and slogans on the Site or in the Site Material are trademarks of Business Licenses or its affiliates and the other business names, logos, product and services names, designs and slogans on the Site and in the Site Material are trademarks of their respective owners. You must not any use such marks without the prior written permission of Business Licenses or the respective owner.
We will investigate notices of copyright infringement and take actions we determine are appropriate under applicable law including, in the United States, the Digital Millennium Copyright Act. If you are a copyright owner and believe that any Site Material infringes upon your copyrights, we request that you submit written notification of your claimed copyright infringement to our designated agent: Business Licenses, LLC, 21 Robert Pitt Drive, Suite 310, Monsey, NY, 10952, Attn: Copyright Agent, Email: [email protected].
Your notification must include the following:
- A description of the copyrighted work you believe has been infringed;
- A description of the User Contribution or other Information you believe is infringing that is reasonably sufficient to permit us to locate the material;
- Your contact information, including your address, telephone number, and, if available, email address;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, under the penalty of perjury, that the information in the notification is accurate and you are authorized to act on behalf of the copyright owner.
- An electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf;
GENERAL DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT USE OF THE SITE, THE SERVICES AND THE SITE MATERIAL IS AT YOUR SOLE RISK AND THAT THE SITE, THE SERVICES AND THE SITE MATERIAL ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
BUSINESS LICENSES IS NOT ENGAGED IN RENDERING LEGAL, ACCOUNTING, FINANCIAL TAX OR OTHER PROFESSIONAL ADVICE OR SERVICES. THE SERVICES DO NOT INCLUDE THE PROVISION OF LEGAL, ACCOUNTING, FINANCIAL TAX OR OTHER PROFESSIONAL ADVICE AND SHOULD NOT BE RELIED UP ON AS SUCH. IF ANY SUCH PROFESSIONAL ADVICE IS REQUIRED, WE URGE YOU TO CONSULT WITH APPROPRIATE ADVISORS. BLL SHALL IN NO WAY BE CONSTRUED AS A “PREPARER” OF ANY TAX OR LICENSE RELATED DOCUMENTS.
BUSINESS LICENSES AND ITS SUPPLIERS AND LICENSORS CANNOT AND DO NOT ACCEPT ANY LIABILITY FOR DELAYS, ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED BY LICENSING AUTHORITIES OR OTHER GOVERNMENTAL OR THIRD-PARTY INFORMATION PROVIDERS OR THEIR FILING OR RECORDING SYSTEMS. BUSINESS LICENSES AND ITS SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL LIABILITY FOR PENALTIES, FEES OR INTEREST ARISING OUT OF OR RELATING TO THE PREPARATION OR FILING, OR FAILURE OR DELAY IN FILING, OF ANY TAX OR LICENSE DOCUMENT.
NO THIRD-PARTY MAY RELY ON OR BENEFIT FROM THE SERVICES IN ANY MANNER, FOR ANY PURPOSE, AND YOU SHALL BE RESPONSIBLE FOR ALL DAMAGES, LOSSES, PENALTIES, COSTS, EXPENSES, FEES AND OTHER LIABILITIES ARISING FROM OR RELATED TO ANY SUCH UNAUTHORIZED RELIANCE.
Applicable law may not allow the disclaimer or exclusion of certain implied warranties or statutory rights, so the foregoing disclaimers and limitations may not apply to you. To the extent that in a particular circumstance any disclaimer or limitation set forth in this Section is prohibited by applicable law or held to be unenforceable, then the above disclaimers and limitations will to the fullest extent permitted by applicable law in that particular circumstance.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR ANY OF OUR SUPPLIERS OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS TO OR USE OF THE SITE, THE SERVICES OR THE SITE MATERIAL FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF WE OR OUR INFORMATION SUPPLIES HAVE BEEN ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN SUCH DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.
WITHOUT LIMITING THE FOREGOING, THE LIABILITY OF BUSINESS LICENSES AND OUR SUPPLIERS AND LICENSORS UNDER THESE TERMS SHALL NOT EXCEED (A) IN THE AGGREGATE THE AMOUNTS PAID BY YOU TO BUSINESS LICENSES FOR ACCESS TO OR USE OF THE SITE, THE SERVICES OR ANY SITE MATERIAL IN THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST CLAIM HEREUNDER AND (B) WITH RESPECT TO ANY ORDER FOR SERVICES, THE AMOUNT PAID BY YOU TO BUSINESS LICENSES FOR SUCH SERVICES.
Applicable law may not allow the limitation or exclusion of certain damages or liability, so the foregoing limitations may not apply to you. To the extent that in a particular circumstance any limitation on damages or liability set forth in this Section is prohibited by applicable law or held to be unenforceable, then above limitations on damages and liability will apply to the maximum extent permitted by applicable law in that particular circumstance.
You agree to indemnify and hold harmless and (at our request) defend us and our affiliates, officers, directors, employees, agents, and representatives from and against any claim, liability, loss, damage, cost and expense, including reasonable without limitation attorneys' fees), that directly or indirectly are caused by or arise out of your use of the Site or any Service or Site Material, your violation of these Terms, or your violation of any rights of another person or entity.
You may discontinue your use of the Site or the Services at any time; provided that you will not be entitled to any refund for any Services you have ordered hereunder. You may terminate an order for Services only if we are in material breach of these Terms and have failed to take good faith steps to cure such breach within thirty (30) days after receipt of notice from you specifying such breach in reasonable detail. You agree that we may, without notice, at any time terminate an order for Services or terminate or suspend your access to or use of the Site or any or all Services or Site Material without liability to your or any third party in circumstances where we believe you to be in violation of any part of these Terms, that you have engaged in behavior that infringes or violates any of our or a third party's intellectual property or other rights or that your use of the Site or any or all Services or Site Material (a) poses a threat to the security or operation of the Site and/or our systems, (b) exposes Business Licenses to potential liability or damage, or (c) would violate any law, regulation court order or government request or would cause compliance with any of the foregoing to be unduly restrictive or burdensome to Business Licenses. When we terminate an order for Services or your access to the Site or any or all Services or Site Material all related rights and licenses granted to you hereunder will immediately terminate, and you will cease all use of the Site, the Services and the Site Material or the portions thereof that we have terminated or suspended. You are responsible for payment for all Services provided prior to any suspension or termination, and for any Services ordered prior to suspension or termination if such order has not terminated in accordance with these Terms.
Business Licenses shall not be liable to the extent its performance under these Terms is prevented, hindered or delayed due to any cause beyond its reasonable control, such as acts of God, fire, flood, earthquake or other natural disaster, acts of any government, (irrespective of Business License’s condition of any preparedness therefore), war, embargo, riot, acts of terrorism, strike or other labor action, power failures, equipment failure, acts of third parties, failure of third party products or services, or interruption of internet, mobile or other communication method.
Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of laws principles. You hereby consent to exclusive jurisdiction and venue in the state and federal courts in the State of New York for resolution of any and all controversies, disputes, demands, counts, claims, or causes of action arising out of or relating to these Terms or the Site, the Services or Site Material.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Questions and Feedback
Should you have any questions concerning these Terms, or if you desire to contact us for any reason, please write to: Business Licenses, LLC, 21 Robert Pitt Drive, Suite 310, Monsey, NY, 10952, Attn: Legal We appreciate your feedback or other suggestions about Business Licenses, the Site, the Services and the Site Material, but you understand that we may use your feedback or other suggestions without any obligation to compensate you for them (just as you have no obligation to offer them).
These Terms contain the entire understanding and agreement of the parties with respect to the matters contained herein and supersedes any prior or contemporaneous understandings or agreements, whether written or oral, between the parties with respect to such matters. If any provision of these Terms is found by a court having jurisdiction to decide on the matter to be illegal or unenforceable, then that provision will be enforced to the maximum extent possible and the remaining provisions of these Terms will continue in full force and effect. No term or provision of these Terms will be considered waived and no breach excused except pursuant to a written waiver or consent signed by the party granting the waiver or consent. We reserve the right to assign our rights and obligations under these Terms, however except with our prior written consent, you may not assign any of your rights or obligations under these Terms. All rights and remedies of Business Licenses under these Terms are cumulative and in addition to those at law and in equity.