Terms And Conditions - Small businesses

Last updated September 26, 2020

Agreement to Terms

The Site provides the following services: An Online directory that connects consumers with small business/entrepreneurs/freelancers (Collectively known “Small businesses”). TrulyBiz is not an online store. TrulyBiz not buy, stock, or sell any products. You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately.

We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

We may update or change the Site from time to time to reflect changes to our products, our users’ needs and/or our business priorities. Our site is directed to people residing in the United States of America. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

The Site is intended for users who are at least 18 years old. If you are under the age of 18, you are not permitted to register for the Site or use the Services without parental permission.

We may make changes to these Terms and Conditions at any time.

Acceptable Use

You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a Small Businesses of this Site, you agree not to:

Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us
Make any unauthorized use of the Site, including collecting Small Businesses names and/or email addresses of Small Businesses to send unsolicited email or creating Small Businesses accounts under false pretenses
Use the Site to advertise or sell goods and services – Must become an approved small business
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
Engage in unauthorized framing of or linking to the Site
Trick, defraud, or mislead us and other Small Businesses, especially in any attempt to learn sensitive account information such as Small Businesses passwords
Make improper use of our support services, or submit false reports of abuse or misconduct
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
Use any information obtained from the Site in order to harass, abuse, or harm another person
Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
Attempt to access any portions of the Site that you are restricted from accessing
Harass, annoy, intimidate, or threaten any of our employees, agents, or other Small Businesses
Delete the copyright or other proprietary rights notice from any of the content
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
Use the Site in a manner inconsistent with any applicable laws or regulations
Misrepresent experience, skills, or information about a Small Businesses
Advertise products or services not intended by us
Falsely imply a relationship with us or another company with whom you do not have a relationship

Information you provide to us

You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you know your Small Businesses information (such as an identification code or Small Businesses name) and/or password, you must promptly notify us at info@trulybiz.com.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we may suspend or terminate your account. We may remove or change a Small Businesses name you select if we determine that such Small Businesses name is inappropriate.

Content you prodive to us

There may be opportunities for you to post content to the Site or send feedback to us (Small Businesses Content). You understand and agree that your Small Businesses Content may be viewed by other Small Businesses on the Site, and that they may be able to see who has posted that Small Businesses Content.

You warrant that any Small Businesses Content does comply with our Acceptable Use Policy, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

We have the right to remove any Small Businesses Content you put on the Site if, in our opinion, such Small Businesses Content does not comply with the Acceptable Use Policy.

We are not responsible and accept no liability for any Small Businesses Content including any such content that contains incorrect information or is defamatory or loss of Small Businesses Content. We accept no obligation to screen, edit or monitor any Small Businesses Content but we reserve the right to remove, screen and/or edit any Small Businesses Content without notice and at any time. Small Businesses Content has not been verified or approved by us and the views expressed by other Small Businesses on the Site do not represent our views or values.

If you have any questions about Small Businesses Content uploaded by other Small Businesses, please contact us at info@trulybiz.com.

Our Content

Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our expressed prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

You shall not (a) try to gain unauthorized access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

We shall use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action based on the content on the Site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that Our Content on the Site is accurate, complete, or up to date.

Link to third party content

The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third-party websites or applications or the third-party operator. We are not responsible for and do not endorse any third-party websites or applications or their availability or content.

We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

Site Management

We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

We do not guarantee that the Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access the Site and you should use your own virus protection software.

Modifications to and availability of the Site

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services. We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

Disclaimer/Limitation of Liability

The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions, and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any (1) errors or omissions in content; (2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server; (3) any interruption or cessation of transmission to or from the site or services; and/or (4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party. We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

In no case shall (now or in the future) TrulyBiz, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any services and/or any products purchased through our Small Businesses using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Since some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

If you are a small business:

You must adhere to all federal and state laws for the state in which you reside and/or operate

We will not be liable to you for any loss or damage, whether in contract, tort (including –: negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with but not limited to:

use of, or inability to use, our Site/Services; or
use of or reliance on any content displayed on our Site

We will not be liable for the following but not limited to:

loss of profits, sales, business, or revenue
business interruption
loss of anticipated savings
loss of business opportunity, goodwill, or reputation; or
any indirect or consequential loss or damage

In the event of litigation, if found at fault we are only liable for amounts paid to TrulyBiz for services rendered.

Term and termination

These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a Small Businesses of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating Small Businesses accounts in your account settings, if available, or by contacting us at info@trulybiz.com.

Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete any content or information that you posted at any time, without warning, at our sole discretion.

If we terminate or suspend your account for any reason set out in the “General” section, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party for the time frame specified by TrulyBiz. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Cancellation

Users (small businesses) may cancel their subscription at any time by logging in to their Account Page or by contacting TrulyBiz at info@trulybiz.com. If unsubscribing by email, please let us know why you are cancelling and typing in the subject line “CANCELLATION”. There is no charge for cancellation. Users canceling subscription(s) through their account page must do so no later than one (1) day prior to the next billing date (i.e. by January 22nd in order to cancel for account with next billing date of January 23rd) to avoid being charged for the following billing cycle. Users requesting cancellation of subscription(s) via e-mail must do so 5 days prior to next billing cycle date (i.e. Subscriber must email cancellation request by April 21st in order to cancel their account with next billing date of April 26th). Anything less than 5 days prior may result in the account being charged for the next billing cycle. Once charged, no refunds will be issued. If an active user cancels their subscription mid-subscription month, their service page will remain active for the duration of the then-current subscription term. Active user subscriptions will not be renewed after the then-current term expires. However, you are not and will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. That means if an active user cancels their subscription after one (1) month but pre-paid for three (3) months, they will not receive any money back, but will continue to be listed in the directory for two (2) months. Any unused “Add-ons” will no longer be available and cannot be used in new subscriptions. If a user account is canceled due to violations of terms and conditions, the user account page will no longer be displayed. Anyone may re-subscribe at any time following cancellation if users are in good standing. If an inactive account wishes to become active in the future, please e-mail us at Info@trulybiz.com (Payment information update will be required).

Active uses can suspend their account. When the account is suspended, the account will convert to a month-to-month and be billed half rate (plus taxes and fees). When the user account is reactivated, default billing will be month-to-month. It is the user’s responsibility to sign up for desired billing cycles (I can’t find the right wording) (change in billing will take effect the following month).

Pricing and service modifications

Prices for subscription is subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.

Disputes with the company

If you dispute any payment made to TrulyBiz, you must notify the TrulyBiz, in writing via email within thirty (30) days of making the payment in dispute. Failure to notify the Company shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by the TrulyBiz. No other accounting of any kind shall be accepted by the TrulyBiz or have any effect under these Terms and Conditions. We may withhold any taxes or other amounts from payments due to you as required by law. By accessing the Website and agreeing to these Terms and Conditions, you expressly waive the right to request a chargeback from your credit card company and acknowledge that your sole recourse for any disputes is through the dispute resolution procedures noted herein.

Creating a small business account on TrulyBiz.com

It is prohibited for Small Businesses to use another Small Businesses account without their consent and permission. When creating an account, accurate and complete information must be provided. When creating an account on Trulybiz.com, a STRONG password is recommended and you, the account holder, are solely responsible to ensure your account credentials are secure. If you become aware of any breach of security or unauthorized use of your Website Account, you must immediately notify the Company by email to info@trulybiz.com. TrulyBiz will not be held liable for any losses caused on your Small Businesses account by any unauthorized use of your Small Businesses account. By providing your email address, you give TrulyBiz permission to send emails regarding any announcements, updates and regular communications. You may, at any time, opt out but changing your preferences in your account or but using method specified in the terms and conditions.

You hereby agree to the use of electronic signatures, contracts, orders, and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

We may assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

General

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.