Terms and Conditions

Visitor Agreement

SmallBizMarkets.com is provided to you by GoSmallBiz.com (“we” or “us”). This Visitor Agreement (“Visitor Agreement”) creates a binding legal contract between you and us. Please read this Visitor Agreement carefully. By using this website and the services made available through this website you accept the terms of this Visitor Agreement as well as any additional terms or conditions presented to you during the course of your use of our website and services. We may change the terms of this Visitor Agreement or introduce new terms and conditions from time to time, in which case we will post an updated version of this Visitor Agreement on this website and will update the date above to reflect the date the changes take effect. By continuing to use this website after we post any such changes, you accept this Visitor Agreement, as modified.

We reserve the right to deny access to this site, or any service provided via this website, to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy this website, or who infringes the rights of others.

We invite you to send in your questions or comments about this website, or to bring to our attention any material you believe to be inaccurate. Please send such comments, including a copy of any material you wish to discuss to:

GoSmallBiz Customer Service
3340 Peachtree Road NE, Suite 2300
Atlanta, GA 30326

Or send an email to
cservice@gosmallbiz.comThis email address is being protected from spambots. You need JavaScript enabled to view it.

PRIVACY
We respect the privacy of the users of our website. Please take a moment to review our privacy policy.

RIGHTS AND LIMITATIONS ON USE OF CONTENT ON THIS WEBSITE

Our Limited License to You. Although we make this website freely accessible, we don’t intend to give up our rights, or anyone else’s rights, to the materials appearing on the service. The materials available through this website are the property of us and our affiliates, licensors, and/or advertisers, and are protected by copyright, trademark and other intellectual property laws. You are free to access this website for non-commercial purposes and to display and print for your personal, non-commercial use the content you receive through this website, provided that you reprint any copyright and other rights notices included in such content.

You may not otherwise reproduce any of the materials on this website, or distribute copies of materials found on this website in any form (including by email or other electronic means), without prior written permission from the owner. Of course, you’re free to encourage others to access the information themselves from our website and to tell them how to find it.

Your License to Us. This website includes features that allow you to submit comments and other feedback or materials to us. By submitting material to us (including any text, photos, or other content), you are representing that you are the owner of the material, or are making your submission with the express consent of the owner. By submitting material, such as any reviews or comments, to any public posting areas of this website, you agree that such material is provided to us and our partners, agents, service providers (collectively, our “Service Providers”) and our affiliates (which include, without limitation, all companies owned and/or operated by our parent company(ies) and its/their subsidiaries) on a perpetual, irrevocable, royalty-free, unlimited, worldwide, transferable, non-exclusive basis, and that we and our Service Providers and affiliates may use, reproduce, modify, archive, publish, sell, exploit, display, create derivative works from, publicly perform, and otherwise distribute such material as we see fit in any medium now known or hereafter developed, in any manner we see fit (for example, online or offline derivative works) and for any purpose. The foregoing grant includes the right to exploit any proprietary rights in materials you submit to this website, including, but not limited to, rights under copyright, trademark or patent laws that exist throughout the world. Without limiting the generality of the previous sentence, you agree that we may distribute, share or otherwise provide such material under any terms we see fit to any user(s) of this website or any users of any of our Service Providers’ and our affiliates’ sites or services, without the requirement of providing you any form of compensation. You also agree that we, our Service Providers and our affiliates may identify you as the author of any of your postings by name, email address or screen name, as we or they see appropriate. We also reserve the right (but assume no obligation) to delete, move, or edit any postings that come to our attention that we or they consider unacceptable or inappropriate, whether for legal or other reasons. For more information about these limitations and our rights to disclose materials you submit to this Service, please see “Use of Communications Services,” below.

Materials Submitted by Other Users. Many of the business listings and other materials available on this website are posted by third-party advertisers. We cannot and do not review every business listing or posting made on this website, and we do not take steps to confirm the accuracy of any such listings or postings. We also cannot and do not review any comments posted by any of our end users on this website, postings made through any social media tools available through this website, or postings made on third-party social networking sites that may link to this website. You may well read any given listing or posting before anyone on our staff does, and you should expect these postings to include information and opinions from a variety of individuals and organizations other than us. Take what you find with a grain of salt. We do not endorse or guarantee the accuracy of any listing or posting. There is no substitute for healthy skepticism and your own good judgment.

Links. We welcome links to our service. You are free to establish a hypertext link to this website so long as the link does not state or imply any sponsorship of your site by us.

No Framing. You may not frame, or in-line link, any of the content of this website, or incorporate into another website or other service any of our intellectual property.

Trademarks. We don’t want anyone to be confused as to which materials and services are provided by us and which aren’t. You may not use any trademark or service mark appearing on this website without the prior written consent of the owner of the mark.

Notice of Copyright Infringement. If you are an owner of intellectual property who believes your intellectual property has been improperly posted or distributed via our website, please notify us by sending a notice by U.S. Mail to GoSmallBiz Customer Service, 3340 Peachtree Road NE, Suite 2300 , Atlanta , GA 30326. Your notice to us must include the following information: (1) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyrighted work allegedly infringed; (2) a description of the copyrighted work or works that allegedly have been infringed; (3) a description of where on this website the allegedly infringing material appears that will allow us to locate the material; (4) a statement by you that you have a good faith belief that the allegedly infringing use has not been authorized by the copyright owner, its agent, or the law; and (6) a statement by you that the information in your notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyrighted work that has allegedly been infringed.

DISCLAIMERS
We work hard to make this website a useful place. We cannot guarantee, however, that our users will always find everything to their liking; nor could we provide a free service if we were exposed to substantial liability. Please read these Disclaimers carefully before using this website.

Use at Your Own Risk. We try to ensure that information we post to this website is both timely and accurate, and that the services offered are reliable. Despite our efforts, however, errors may occur from time to time. Before you act on any information you’ve found on our website, you should confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEBSITE, YOU DO SO AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY MATERIAL AND/OR DATA DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEBSITE.

No Endorsements. We are not responsible for, and cannot guarantee the quality, safety or performance of, goods and services provided by our advertisers or Merchants (as defined below) or by others who advertise on sites that we link to. A business listing on our website or a deal promoted on our website offering a Coupon redeemable for products and services from a Merchant does not constitute our endorsement of the business featured in the listing or deal or of any product, service or other material offered through such business. Similarly, a link to another website does not constitute our endorsement of that site or of any product, service or other material advertised on or offered through such site.

No Warranties. THIS WEBSITE AND ALL MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH IT, ARE PROVIDED TO YOU “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE, OUR AFFILIATES, AGENTS AND LICENSORS CANNOT AND DO NOT WARRANT THE ACCURACY, COMPLETENESS, TIMELINESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE MATERIALS, INFORMATION AND SERVICES AVAILABLE THROUGH THIS WEBSITE, NOR DO WE GUARANTEE THAT THE MATERIALS, INFORMATION OR SERVICES WILL BE ERROR-FREE, OR CONTINUOUSLY AVAILABLE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitations of Liability. UNDER NO CIRCUMSTANCES SHALL WE, OR OUR AFFILIATES, AGENTS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES ARISING OUT OF USE OF THIS WEBSITE OR ANY SERVICE AVAILABLE THROUGH THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, LIABILITY FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AGENTS AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY CONNECTED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS AND USE THIS WEBSITE. THE AMOUNT YOU PAY FOR ANY COUPON PURCHASED THROUGH THE GREAT DEAL SERVICE (DEFINED BELOW) SHALL NOT BE CONSTRUED AS AN AMOUNT PAID BY YOU TO ACCESS AND/OR USE THE SERVICE. LIABILITY FOR DAMAGES WILL BE LIMITED AND EXCLUDED IN ACCORDANCE WITH THIS PARAGRAPH EVEN IF ANY REMEDY PROVIDED FOR IN THIS VISITOR AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.

USE OF COMMUNICATIONS SERVICES
We may provide a variety of services on this website through which you can directly interact with others, such as email services, reviews and user-submitted advertising, and other public posting areas (“Communications Services”). We want to encourage an open exchange of information and ideas, but at the same time we want everyone to be able to enjoy these Communications Services.

Without limiting the terms of our privacy policy, we will not, in the ordinary course of business, review private electronic messages that are not addressed to us and that are sent through the Communications Services. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our website (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce this Visitor Agreement, or to protect the rights, property or safety of visitors to our website, our customers, the public or GoSmallBiz and its parent companies, affiliates, partners, Service Providers, Merchants, employees, and agents.

We reserve the right to deny access to any Communications Service to anyone who violates this Visitor Agreement or who, in our judgment, interferes with the ability of others to enjoy our website or infringes the rights of others.

We will comply with the requirements of the law regarding disclosure of any messages to others, and we may disclose messages in response to requests from law enforcement agencies without prior notice to the affected Communication Service user.

Specific Prohibited Uses. Without limiting the foregoing, we may immediately terminate your use of any Communications Service if you engage in any of the following prohibited activities:

 

  • Uploading, posting, emailing, transmitting or otherwise making available any content that is unlawful, harmful, threatening, abusive, libelous, or obscene;
  • Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
  • Forging headers or otherwise manipulating identifiers in a manner that disguises the origin of any content you transmit through any Communications Service;
  • Uploading, posting, emailing, transmitting or otherwise making available any content that you do not have a right to make available under any law or under any contractual or fiduciary relationship (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

 

  • Uploading, posting, emailing, transmitting or otherwise making available any content that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;
  • Uploading, posting, emailing, transmitting or otherwise making available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation, without our express written approval;
  • Gathering for the purpose of “spamming” any email addresses that users post in our public posting areas;
  • Uploading, posting, emailing, transmitting or otherwise making available any content or material that contains software viruses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications or other equipment, or to cause a security breach of such software, hardware or telecommunications or other equipment;
  • Uploading or posting any off-topic or irrelevant material;
  • Interfering with or disrupting any servers or networks used to provide the Communications Services, or disobeying any requirements, procedures, policies or regulations of the networks we use to provide the Communications Services;
  • Violating any applicable local, state, national or international law, including, but not limited to (1) all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside; (2) regulations promulgated by the U.S. Securities and Exchange Commission, and (3) any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
  • “Stalking” or otherwise harassing another;
  • Instigating or encouraging others to commit illegal activities or cause injury or property damage to any person;
  • Collecting or storing personal data about other users;
  • Gaining unauthorized access to our website, or any account, computer system, or network connected to this website, by means such as hacking, password mining or other illicit means; or
  • Obtaining or attempting to obtain any materials or information through any means not intentionally made available through this website.

Spam. We will immediately terminate any account which we believe is being used to transmit, or is otherwise connected with, any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay us liquidated damages of $2 for each item of spam or unsolicited bulk email transmitted from, or otherwise connected with, your account. Otherwise you agree to pay our actual damages, to the extent such actual damages can be reasonably calculated.

Viruses. Because of the volume of email messages sent by us and users of this website, we cannot and do not always monitor such email messages and attachments. You acknowledge and agree that such email messages may contain viruses, worms or other harmful components. You also acknowledge and agree that you are solely responsible for screening the email messages and attachments for viruses, worms and other harmful components.

Indemnity. You agree to indemnify and hold us and our affiliates, Service Providers, Merchants and licensors, and all of their respective officers, directors, employees and agents harmless from and against any and all losses, expenses, damages and costs, including reasonable attorneys’ fees, that arise out of your use of this website, your use of any Coupon (as defined below), violation of this Visitor Agreement by you or any other person using your account, or your violation of any rights of another. We reserve the right to control defense of any action for which we are entitled to indemnification hereunder. In such event, you agree to cooperate with us, at our expense, as we may reasonably request in connection with our defense of the applicable claim.

MISCELLANEOUS
Jurisdiction. This Visitor Agreement has been made in and shall be construed in accordance with the laws of the State of Georgia. By using this service, you consent to the exclusive jurisdiction of the state and federal courts in Fulton County, Georgia in all disputes arising out of or relating to this agreement or this website.

Registration. To obtain access to certain services on our website, you may be given an opportunity to register with us. You agree that you will register only if you are 18 years or older. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use any party of this website under the name of, another person. We reserve the right to reject or terminate any user name that, in our judgment, we deem offensive. You will be responsible for preserving the confidentiality of your password and will notify us of any known or suspected unauthorized use of your account.

ADDITIONAL TERMS AND CONDITIONS FOR THE COUPON SERVICE

Expiration Dates. The expiration date for a Coupon, if any, will be printed on the Coupon. If an expiration date is stated on the Coupon, then the promotional portion of the Coupon will expire on the date printed on the Coupon, and the paid portion of the Coupon also will expire on the expiration date, except to the extent applicable law requires that the Merchant honor the paid portion of the Coupon for a period of time beyond the stated expiration date.

E-Commerce. The Deals offered through SmallBizMarkets.com are provided by third-party Merchants. We are not responsible for the quality, accuracy, timeliness, reliability or any other aspect of products and services provided by a third party, and we make no warranties regarding any such products or services. For more information regarding a Merchant, visit that Merchant’s website and click on its information links or contact the Merchant directly. YOU RELEASE US, OUR PARENT COMPANY(IES) AND OUR AND THEIR AFFILIATES FROM ANY DAMAGES THAT YOU MAY INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST US OR ANY OF OUR PARENT COMPANY(IES) AND OUR AND THEIR AFFILIATES, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES USING COUPONS PURCHASED THROUGH THE GREAT DEAL SERVICE.

General Terms and Conditions
Each Merchant may impose its own terms and conditions on the use or redemption of a Coupon. Except as otherwise stated on a Coupon or required by law, the following terms and conditions apply to all Coupons:

  • Each Coupon is issued by the Merchant for promotional purposes only and has no cash value.
  • Limit one Coupon per person per Deal.
  • Coupons cannot be combined with any other coupons, discounts, or promotions;
  • Each Coupon may be redeemed only one time. If you redeem the Coupon for less than its face value, you will not be entitled to a credit, cash or a new Coupon equal to the difference between the face value and the amount you redeemed, unless otherwise required by law.
  • Coupons may not be copied or duplicated. Any such copies or duplicates are null and void.
  • Coupons cannot be used for taxes, tips, prior balances, or shipping and handling charges.
  • The redemption of Coupons for alcoholic beverages will be at the discretion of the Merchant and is subject to applicable law.
  • Neither SmallBizMarkets nor the Merchant will be responsible for lost or stolen Coupons, or for Coupons that are printed in an unreadable or illegible manner.
  • The Merchant has the right to substitute goods or services of equal or greater value.
  • The Merchant is the issuer of the Coupon and is the seller of the goods and services for which the Coupon may be redeemed. Accordingly, the Merchant is solely responsible for: (i) complying with the terms of the Coupon and redeeming the Coupon; (ii) any and all injuries, damages, costs, liabilities and claims arising out of, or relating to, the Merchant or its goods or services; and (iii) any unclaimed property liability arising out of Coupons that are unredeemed or are only partially redeemed.

If a Coupon contains terms or conditions that conflict with the above terms and conditions, then the terms or conditions stated on the Coupon will control for that Coupon only.