SITE CONTENTS, OWNERSHIP, AND USE RESTRICTIONS
SmallBizClub is a project of Tarkenton Institute, Inc. The information contained in this Site including all images, illustrations, designs, photographs, video clips, writings and other materials that appear herein are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Tarkenton Institute, Inc. or its subsidiaries and affiliates (“Tarkenton Institute”), or its subsidiaries and affiliates or are the property of their respective owners. Tarkenton Institute, Inc. has submitted applications claiming the name SmallBizClub and the associated slogan “Learn, Network, Belong.” as registered marks.
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site for the purposes of:
(1) registering as a member of SmallBizClub
(2) placing an order with SmallBizClub; or
(3) using this Site as a knowledgebase resource, provided you do not modify the Site and that you retain, without modification, all copyright and other proprietary notices contained in the Contents.
Except in connection with requesting membership or subscribing to service offerings on the site, none of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, performed, modified, posted electronically or mechanically, transmitted, recorded, or in any manner mirrored without the prior written permission of SmallBizClub or the applicable copyright owner.
Please note that the permission granted herein terminates automatically if you breach any of these Site terms or conditions. Any other use of the Contents on this Site other than as noted above may violate copyright or trademark laws, and, without the prior written permission of SmallBizClub, is strictly prohibited.
DISCLAIMER OF WARRANTY
SMALLBIZCLUB IS PROVIDING THIS SITE AND ITS CONTENTS ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALTHOUGH SMALLBIZCLUB BELIEVES THE CONTENT TO BE ACCURATE, COMPLETE, AND CURRENT, SMALLBIZCLUB DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON THIS SITE IS ACCURATE, COMPLETE, OR CURRENT. Price and availability information is subject to change without notice.
DISCLAIMER OF LIABILITY
IN NO EVENT SHALL SMALLBIZCLUB BE LIABLE FOR SPECIAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, DATA, OR PROFITS, WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTIONS, ALL ARISING OUT OF OR IN CONNECTION WITH THE USE, COPYING, OR DISPLAY OF THE CONTENTS OF THIS SITE. In an effort to provide our customers with the most current information, SmallBizClub will, from time to time, make changes in the Contents and in the products or services described on this Site.
You agree to indemnify and hold Tarkenton Institute, Inc., (and their respective officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, including reasonable attorneys’ fees, costs, expenses or damages relating to defending such claims, arising out of or related to a breach of your representations and warranties set forth herein, or your violation of any law or the rights of a third party.
SmallBizClub, based on certain technologies within its control and other ongoing negotiations with third party providers, provides member benefits. Those benefits are subject to change at the discretion of the providers, and there can be no assurance that any particular member benefit, including benefits provided directly by SmallBizClub will be available at a given time in the future. Changes in member benefits will be documented in the “Member Benefits” section of the site as soon as practical after we become aware of the changes.
ABOUT OUR PRICES
Prices and the availability of items are subject to change without notice. Any “list prices” used on this Site are provided by product manufacturers, distributors or determined based upon comparable products and are subject to change. Your purchase price may vary.
We reserve the right to limit sales, including the right to prohibit sales to re-sellers. While we make every effort to provide accurate information, inaccuracies or errors may occur. We are not responsible for such errors. We reserve the right to make changes, corrections, and/or improvements to the information contained on this Site and to the products and programs described in such information, at any time without notice.
There may be certain memberships and subscriptions that we are either unable to accept or must cancel. We reserve the right, at our sole discretion, to refuse or cancel any order for any reason, including those made to resellers. Possible circumstances involving our canceling an order may be limitations on quantities available for purchase or inaccuracies or errors in product or pricing information.
USER COMMENTS, FEEDBACK, AND OTHER INFORMATION AND SUBMISSIONS PROVIDED BY YOU
You agree that any material, information, and ideas that you transmit to this Site or otherwise provide to SmallBizClub (“Transmissions”) shall be and remain SmallBizClub’s property. By submitting any Transmissions to SmallBizClub, you represent and warrant that:
- you are the sole author and owner of the Transmission and any intellectual property rights thereto;
- all “moral rights” that you may have in such Transmission have been voluntarily waived by you;
- all Transmissions that you post are accurate;
- you are at least 13 years old; and
You further agree and warrant that you shall not submit any Transmission:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s intellectual property rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation;
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
For any Transmission, you grant Tarkenton Institute, Inc. a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, display, perform, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such content, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
By submitting your email address in connection with your Transmission, you agree that SmallBizClub and its third party service providers may use your email address to contact you about the status of your Transmission and other administrative purposes.
NOTICE AND TAKE DOWN PROCEDURES
If you believe any materials (“Materials”) on the Site infringe your copyright or trademark rights, you may request such Materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act. To follow those procedures, contact the SmallBizClub directly (address below) and provide the following information:
- A clear statement identifying the works, or other materials believed to be infringed.
- A statement from the intellectual property owner (“Owner”) or authorized representative that the Materials are believed to be infringing and not authorized by the Owner.
- Sufficient information about the location of the allegedly infringing Materials so that SmallBizClub can find and verify its existence.
- Your name, telephone number and e-mail address.
- A statement from you under penalty of perjury that the information supplied is accurate, and that you are authorized to act on the Owner’s behalf.
- A signature or the electronic equivalent from the Owner or authorized representative.
SmallBizClub’s agent for notice of copyright or trademark issues on the Site can be reached as follows:
Tarkenton Institute, Inc.
3340 Peachtree Road NE Suite 2300
Atlanta, GA 30326
Attn: Chief Operating Officer
SmallBizClub shall be free to use any ideas, concepts, know-how, or techniques contained in such information for any purpose whatsoever including, but not limited to, developing, manufacturing, or marketing products incorporating such information. You further agree that SmallBizClub may use information about your demographics and use of this Site in any manner that does not reveal your identity.
In using this Site you agree to the following:
(a) you will not use any device, software, or other instrumentality to disrupt, damage or interfere with or attempt to disrupt, damage or interfere with the proper functioning of this Site;
(b) you will not to violate or attempt to violate the security of this Site, including, without limitation, (i) logging onto an account that you are not authorized to access; (ii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mail bombing” or “crashing”; or (iii) attempt to transmit any “virus”, “Trojan horse” or other software destruction or disruption device; and
(c) you will not intentionally or unintentionally violate any applicable international, federal, state or local law, including but not limited to any regulations applicable to your use of this Site.