Terms of Use
Originated: February 16, 2006
Last Updated: February 5, 2007

Use of the MySmallBiz.com site is subject to the following terms and conditions (“Terms of Use”). These Terms of Use apply to and govern your use of the MySmallBiz.com website, content and services provided by the website (collectively referred to as the “Site”).  For purposes of these Terms of Use, the words "you" and "your" shall refer to any visitor to the Site. These Terms of Use are a legal agreement ("Agreement") between you and Biz Foundry, Ltd. ("Company"), the legal owner and operator of MySmallBiz.com.

By submitting information to, or accessing information from, or using in any way the Site, You agree to the following Terms of Use. If you do not agree to be bound by these Terms of Use, you may not access or otherwise use the Site. By agreeing to the Terms of Use the Company grants you a non-exclusive, non-transferable, limited right to access and use the Site content for your personal use only, provided that you comply fully with these Terms of Use.

Changes to Terms of Use and Privacy Policy
At any time and without notice, Biz Foundry, Ltd. reserves the right to change, add or remove any portion of these Terms of Use or Privacy Policy. Any changes to these Terms of Use will be considered in effect at the time of posting to the Site. You agree to review these terms and conditions of use periodically to be aware of any changes. Your continued use of the Site after any changes to these Terms of Use are posted will be considered acceptance of those changes.

Ownership and Restrictions
Biz Foundry, Ltd. owns and has the exclusive right to provide the Site to visitors. The Company also owns, controls, licenses or has the right to use and provide all material including without limitation text, images, articles, photographs, illustrations, audio and video clips, (collectively the "Content"). The Site is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions, and other copyright laws. The Company, and/or its third party partners (collectively, “Partners”), are the owners of the copyrights for all Site Content. By accepting these Terms of Use, you agree to abide by any and all copyright notices displayed on the Site.

In no way shall you exploit the Site or Content by modifying, duplicating, attempting to sell, or creating derivative works from the Site for any public or commercial use, other than as expressly provided by these Terms of Use, without the express written permission of the Company.

Change to Site, Content and Services
The Company has the right to change, suspend or terminate any aspect of the Site including but not limited to Content, features, services or hours of availability. The Company may impose or modify limits on certain Site features and services or restrict access to parts or the entire Site without notice or liability. The Company reserves the right to include or adjust fees in order to use or access certain Site features or Content.

Acceptable Use
As a condition of your use of this Site you warrant to Biz Foundry, Ltd. that you:

• Will only use this Site for lawful purposes in accordance with these Terms of Use;
• Agree and consent to our Privacy Policy;
• Agree not to infringe on any rights of the Company or the Company’s third-party partners in connection with your use of the Site;
• Will not collect contact information of other users of the Site or Services for purposes of unsolicited communications
• Will refrain from using unlawful, tortuous, profane, vulgar, harassing, abusive, threatening, inflammatory, libelous, defamatory, fraudulent or similarly harmful or discourteous language in any e-mail or form entry created through this Site;
• Will not interfere or attempt to interfere with the operation of the Site in any way including, but not limited to, spamming, hacking/cracking, hijacking, uploading computer viruses or overloading Site capacity beyond what is reasonable and customary
• Will not use the Site or Services for any commercial purpose, except in those cases allowed by the Company.

Visitors who violate these Terms of Use, at the Company’s sole discretion, may be prohibited from using the Site thereafter.

Site Monitoring, Editing and Disclosure
You agree that Biz Foundry, Ltd. has the right, but not the obligation, to monitor all material on the Site at any time and for any reason. The Company does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance or action upon any Content shall be at your sole risk. The Company reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site without notice.

Biz Foundry, Ltd. has not undertaken independent primary research to confirm the accuracy of any data or content on the Site. Biz Foundry, Ltd. is not responsible for conclusions drawn or decisions made based upon Site content. In no event will Biz Foundry, Ltd. be liable for any damages, direct, indirect, incidental or consequential resulting from the use of the information contained in the Site. There is risk in any business. You should do your own due diligence before spending money on any business venture.

Indemnification
You shall indemnify, defend and hold harmless Biz Foundry, Ltd., and all its officers, directors, owners, agents, employees, content providers, partners, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all losses, damages, liabilities, and claims and all fees, costs, expenses, of any kind related thereto (including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of, based upon or resulting from your use of the Site. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of the Company.

Links to Other Web Sites
The Site contains links to other World Wide Web Internet sites. Links to and from our Site do not constitute an endorsement by the Company or any of its subsidiaries, partners and affiliates of any third party resources or their services or contents. Links do not imply that the Company or the Site sponsors are affiliated or associated with or are legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked sites are authorized to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates. The Company is not responsible for content on or services provided by other Web sites that are linked to or from the Site, including without limitation the Company’s partners' Web sites and services. You should direct any concerns regarding any external link to the external link’s site administrator or Webmaster.

Disclaimer of Warranties and Damages; Limitation of Liability
THE SITE, INCLUDING ALL SERVICES, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED TO SITE VISITORS, MEMBERS, AND ANY OTHER THIRD PARTY ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BIZ FOUNDRY, LTD. NOR ITS CONTENT PROVIDERS OR PARTNERS WARRANT THAT THE SERVICES, FUNCTIONS, FEATURES OR CONTENT CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; NOR DO THEY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, MEANINGFULNESS, OR RELIABILITY OF THE SITE, CONTENT, MATERIALS, SERVICES, INFORMATION OR FUNCTIONS MADE ACCESSIBLE BY THE SITE, ANY PRODUCTS OR SERVICES OF OR HYPERTEXT LINKS TO, THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. THE COMPANY AND ITS PARTNERS, SUBSIDIARIES AND AFFILIATES MAKE NO WARRANTIES AND SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN UNDER ANY DIRECT OR INDIRECT CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE COMPANY’S NEGLIGENCE. IF YOU ARE DISSATISFIED WITH THE SITE, SERVICES OR ANY MATERIALS ON THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

UNDER NO CIRCUMSTANCES SHALL THE COMPANY, ITS SUBSIDIARIES, PARTNERS, AFFILIATES OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE AND THE CONTENT, MATERIALS, SERVICES AND FUNCTIONS IN THE SITE, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, ITS SUBSIDIARIES, PARTNERS AND AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS AND CONDITIONS OF USE OR YOUR USE OF THE SITE OR SERVICES EXCEED, IN THE AGGREGATE, $100.00 U.S.

Biz Foundry, Ltd.’s Rights to Materials Provided by Users
Any or all material and information provided by you to the Site, including without limitation the information contained in your Member Account, if any, may be included in a database owned by the Company. We reserve the right to use any information or materials you provide to us or that we obtain through your use of the Site compliant with our Privacy Policy and to the fullest extent permitted by law.

By posting messages, uploading files, inputting data or engaging in any other form of communication (individually or collectively "Communications") to or within the Site, you grant to the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use (including use for promotional and advertising purposes), copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit such Communications and any ideas or original materials contained in such Communications, in all media now known or hereafter developed, without any compensation to you. This grant shall include the right to exploit any and all proprietary rights in such Communications including, without limitation, any and all rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You waive all rights to any claim against the Company for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Communications. You agree and understand that the Company is under no obligation to use any material or ideas submitted by you in any Communications in any way whatsoever.

No Responsibility for Transmitted Material
You acknowledge that transmissions to and from this Site are not confidential and your Communications may be read or intercepted by others. You acknowledge that by submitting Communications to the Company or the Site, no confidential, fiduciary, contractually implied or other relationship is created between you and the Company or any Company affiliate or subsidiary other than pursuant to these Terms of Use. The Company shall not be responsible for the payment of any monies to any party in connection with the Company’s use of Communications submitted by you to the Site.

Non-United States Residents
Biz Foundry, Ltd. makes no representation that materials in the Site and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access this Site from other locations outside of the U.S. do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

General Provisions
These terms and conditions of use shall be governed by and construed in accordance with the laws of the State of Nevada, without regard to conflicts of laws or provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these terms and conditions of use shall be an appropriate State or Federal court located in Douglas County in the State of Nevada and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these terms and conditions of use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these terms and conditions of use, and the remainder of these terms and conditions of use shall continue in full force and effect. These terms and conditions of use constitute the entire agreement between you and Biz Foundry, Ltd. with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either you or the Company of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.