Terms of Service

STANDARD AGREEMENT AND TERMS OF USE This Standard Agreement and Terms of Use (“Agreement”) is a binding legal contract between you (either an individual or a legal entity) and Small Business Approval, LLC a Florida limited liability company (“SBA”). By accessing this site or using the software, web-based interface, content within the web-based interface or software, any associated user manuals and other documentation provided by SBA (“Documentation”) provided with this Agreement, including any business plans or consultation provided as a result of a request made through the site (collectively, the “Site”), you (also referred to herein as “Customer”) will be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, SBA is not willing to grant any right to use or access the Site to you. In such event, you may not access, use or copy the Site or any contents on the Site, which explicitly includes (but is not limited to) viewing the Site on an Internet web browser. YOU UNDERSTAND AND AGREE THAT SBA DOES NOT PROVIDE LOAN APPROVAL, UNDERWRITING, FINANCING, DIRECT FUNDING OR OTHER PROFESSIONAL SERVICES IN CONNECTION WITH BANK OR EQUITY FINANCING OF BUSINESSES. SBA SOLELY PROVIDES THE SITE INCLUDING AFFILIATE LINKS, BUSINESS CONSULTING, BUSINESS LOAN PLACEMENT, BUSINESS PLANING & PROJECTIONS CREATED BY SBA FOR YOUR USE AS SET FORTH IN THE TERMS AND CONDITIONS BELOW, AND SBA IS IN NO WAY RESPONSIBLE FOR, VERIFYING, OR GUARANTEEING THAT ANY ADVICE COMMUNICATED TO YOU BY OTHERS IS ACCURATE IN ANY WAY. Affiliate disclosure: We are a participant in various affiliate advertising programs designed to provide a means for us to earn fees by linking to Third Party and affiliated sites and we may get commissions through purchases made through links on this site. SBA site may contain advertisements, sponsored content, paid insertions, affiliate links or other forms of monetization. Physical products (business plans and projections) We do not issue refunds on our physical products, we do offer unlimited revisions to the business plans and projections within 30 days from issue date. Contact us If you have any questions a please contact us by email: [email protected] SITE ACCESS AND USE The Site is made available to for your use as further set forth herein. Except for the limited license granted in this Agreement, SBA and its licensors retain all right, title and interest in the Site, all copies thereof, and all proprietary rights in the Site, including copyrights, patents, trademarks, and trade secret rights. GRANT OF LICENSE. This Agreement grants you the following rights, as applicable: License. During the term of this Agreement, SBA grants you a nonexclusive, nontransferable, revocable (as permitted herein) license to access and use the Site which will be hosted by SBA. Customer acknowledges and agrees that SBA may use certain embedded technological and software controls to enforce any applicable restrictions. Enhancements. SBA reserves the right to upgrade, enhance, change or modify the Site at any time in its sole discretion (“Enhancements”). Any Enhancements made available to you by SBA, if any, will be subject to the terms of this Agreement, except to the extent that conflicting or more restrictive provisions are agreed upon in future agreements relating to such Enhancements. Third Party Components. The Site and future Enhancements may contain certain third party components (“Third Party Components”) which are provided to you under terms and conditions which are different from this Agreement, or which require SBA to provide you with certain notices or information. Your use of each Third Party Component which contains or is accompanied by its own license agreement will be subject to the terms and conditions of such other license agreement, and not this Agreement. Notwithstanding the foregoing, the following terms and conditions apply to all “Third Party Components”: (i) all Third Party Components are provided on an “AS IS” basis; (ii) SBA will not be liable to you or indemnify you for any claims related to the Third Party Components; and (iii) SBA will not be liable for any direct, indirect, incidental, special, exemplary, punitive or consequential damages with respect to the Third Party Components. Your sole and exclusive remedy with regard to any defect, claim, or other dispute relating to the Third Party Components is to cease use of such components. Intellectual Property Ownership. The Site contains material that is protected by United States copyright and trade secret law, and by international treaty provisions. All rights not expressly granted to Customer under this Agreement are expressly reserved by SBA and its licensors. Customer shall not modify, remove or destroy any proprietary markings or confidential legends placed upon or contained within the Site, the Documentation, or any related materials. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights and other intellectual property and proprietary rights in the Site shall remain the sole and exclusive property of SBA or its licensors, as applicable. TERM. The license will commence on the date you first use the Site or accept this Agreement, whichever is earlier (the “Effective Date”), and shall remain in effect for one (1) year thereafter (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year terms (each a “Renewal Term”) unless either party provides notice of termination or non-renewal no less than thirty (30) days prior to expiration of the then-current term. The Initial Term and any Renewal Terms are referred to herein collectively as the “Term.” LIMITATIONS ON LICENSE. The license granted to you in this Agreement is restricted as follows: Limitations on Copying and Distribution. You may not copy or distribute the Site or any business plans derived from the Site except to the extent that copying is necessary to use the Site or the business plans for purposes set forth herein. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any business plans received from the Site. You may not alter or modify any disabling mechanism which may be resident in the Site. Sublicense, Rental, and Third Party Use. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy the Site or any credentials you may at any time possess to access the Site. Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Site. You must reproduce the copyright and all other proprietary notices displayed on the Site on each permitted instance of the Site or any resulting Documentation or business plans. Use in Accordance with Documentation. All use of the Site shall be in accordance with its then current Documentation. Compliance with Applicable Law. You shall be solely responsible for ensuring that your use of the Site is in compliance with all applicable foreign, federal, state and local laws, and rules and regulations. Confidentiality. You acknowledge and agree the Site and associated Documentation constitute valuable proprietary and confidential information and intellectual property (collectively, the “Proprietary Information”) of SBA. You may not use or disclose the Proprietary Information without SBA’s prior written consent, except disclosure to and subsequent uses by your need-to-know employees and contractors, if applicable, provided such employees and contractors have executed written agreements restricting use or disclosure of Proprietary Information that are at least as protective as those set forth in this Agreement. You agree to use at least the same degree of care in protecting the Proprietary Information as you use to protect your own similar information, including your own personally identifiable information, but in no event less than reasonable care. You acknowledge that due to the unique nature of the Proprietary Information, SBA will not have an adequate remedy in money or damages in the event of any unauthorized use or disclosure of its Proprietary Information. In addition to any other remedies that may be available in law, in equity or otherwise, SBA shall be entitled to obtain injunctive relief to prevent such unauthorized use or disclosure. You shall not use any information or data disclosed by SBA in connection with this Agreement to contest the validity of any SBA intellectual property. Any such use of SBA’s information and data shall constitute a material, non-curable breach of this Agreement. FEES. The fees payable to SBA for the rights hereunder are as set forth in the separate web pages describing the fees owed by you, or by the person or entity paying the applicable fees on your behalf to enable you to utilize the services provided on the Site. The Site will remain accessible upon demand, but the services offered through the Site will need to be pre-paid for as set forth in the relevant descriptions of the plan options available. TERMINATION. Breach of Agreement. Without prejudice to any other rights, SBA may terminate this Agreement immediately, without any notice to you, if you fail to comply with any of the terms and conditions of this Agreement. Termination for Convenience. You may terminate this Agreement at any time by discontinuing use of the Site, complying with your termination obligations set forth below, providing SBA written notice. Customer’s Termination Obligations. In the event of any expiration or termination of this Agreement for any reason, you must remove all copies of the Site, if any reside on your local systems, and all of its components from all of your systems, and destroy all related media and Documentation, if any, except for business plans you have purchased through the Site, which remain available to use for your business purposes.. The license granted to the Site will automatically terminate on expiration or termination of this Agreement. WARRANTY DISCLAIMER. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SBA AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. SBA DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SBA SHALL CREATE ANY ADDITIONAL SBA WARRANTIES OR IN ANY WAY INCREASE THE SCOPE OF SBA’S OBLIGATIONS HEREUNDER. SBA MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO ANY HARDWARE, PRODUCTS, SOFTWARE, OR PROGRAMMING OBTAINED BY SBA FROM THIRD PARTIES (COLLECTIVELY, THE “THIRD PARTY ITEMS”). SBA EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE/NON-INFRINGEMENT, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE THIRD PARTY ITEMS. SBA SHOULD CONSULT THE RESPECTIVE VENDORS/MANUFACTURERS OF THE THIRD PARTY ITEMS FOR WARRANTY AND PERFORMANCE INFORMATION. THE SITE MAY BE USED TO ACCESS AND TRANSFER INFORMATION OVER THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT SBA DOES NOT OPERATE OR CONTROL THE INTERNET AND THAT: (I) VIRUSES, WORMS, TROJAN HORSES, OR OTHER UNDESIRABLE DATA OR SOFTWARE; OR (II) UNAUTHORIZED USERS (E.G., HACKERS) MAY ATTEMPT TO OBTAIN ACCESS TO AND DAMAGE YOUR DATA, WEB SITES, COMPUTERS, OR NETWORKS. SBA SHALL NOT BE RESPONSIBLE FOR SUCH ACTIVITIES. YOU ARE SOLELY RESPONSIBLE FOR THE SECURITY AND INTEGRITY OF YOUR DATA AND SYSTEMS. SBA FURTHER MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED WITH REGARD TO ANY SERVICES RENDERED BY SBA, INCLUDING BUSINESS PLANS GENERATED, OR CONSULTING SERVICES PROVIDED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES QUALITY OF INFORMATION AND FITNESS FOR A PARTICULAR PURPOSE. SBA DOES NOT WARRANT THAT THE BUSINESS PLANS OR CONSULTING GENERATE FROM THE SITE WILL MEET YOUR REQUIREMENTS IN ANY WAY. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SBA OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT DAMAGES, OR ANY OTHER DAMAGES, WHICH SHALL INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OR INABILITY TO USE THE SITE, EVEN IF SBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE). IN ANY CASE, THE ENTIRE LIABILITY OF SBA AND ITS SUPPLIERS/LICENSORS UNDER THIS AGREEMENT FOR ALL DAMAGES OF EVERY KIND AND TYPE (WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE LIMITED TO THE FEES PAID BY YOU, IF ANY, FOR THE SITE OR THE BUSINESS PLANS GENERATED BY REQUESTING SERVICES. ADDITIONALLY, YOU ACKNOWLEDGE AND AGREE THAT SBA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSSES OF CUSTOMER OF ANY KIND RELATING TO OR IN CONNECTION WITH CLAIMS THAT THERE HAVE BEEN ERRORS, OMISSIONS OR MALPRACTICE OF A PROFESSIONAL NATURE, REGARDLESS OF WHETHER SUCH ERROR, OMISSION OR INSTANCE OF MALPRACTICE OCCURRED WITH THE USE OR AID OF THE SITE. Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you. INDEMNITY. You agree to indemnify, defend and hold harmless SBA and its parent and their respective officers, directors, shareholders, agents, affiliates, and licensors from and against any and all third party claims of any kind (along with attorneys’ fees and litigation costs) arising out of, resulting from, or in connection with your breach of this Agreement or your use or misuse of the Site, including any combination of the Site with any hardware, software, or other intellectual property not provided by SBA, and including the use of any business plans or consulting to mislead, misrepresent, or otherwise conduct fraudulent or false activities.. GOVERNING LAW. This Agreement is governed by and construed in accordance with the laws of the State of Florida, as applied to agreements entered into and wholly performed within Florida between Florida residents. Any action or proceeding brought by either party hereto shall be Complex Business Litigation Court, in and for Orange County, Florida, the sole and exclusive venue permissible for any dispute under this Agreement, and the parties submit to the in person to the jurisdiction of such courts for purposes of any action or proceeding. GENERAL. This Agreement constitutes the entire understanding and agreement between SBA and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged in this Agreement. In particular, if you are a current licensee of the Site, this Agreement shall supersede your existing license agreement and that agreement shall be of no further force or effect. This Agreement shall not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event that any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement shall remain valid and enforceable according to its terms. Any failure by SBA to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. Neither party shall assign this Agreement without the written consent of the other party, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, either party may assign this Agreement, without the other party’s consent, to any Affiliate or subsidiary, or in the event of a merger, acquisition, or sale of all or substantially all of its assets. “Affiliate” means any entity that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with the party. Except for Customer’s payment obligations, neither party will be liable for any failure or delay in performance under this Agreement which is due to any event beyond the reasonable control of such party, including without limitation, fire, explosion, unavailability of utilities or raw materials, unavailability of components, labor difficulties, war, riot, act of God, export control regulation, laws, judgments or government instructions. The following provisions shall survive any termination or expiration of this Agreement: Sections 3, 6, 7, 9, 10, 11, and 12. SBA may assign any of its rights or obligations hereunder as it deems necessary. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES SET FORTH HEREIN SHALL REMAIN IN EFFECT. U.S. GOVERNMENT RIGHTS. The Site is commercial computer software as described in DFARS 252.227-7014(a)(1) and FAR 2.101. If acquired by or on behalf of any the Department of Defense (“DOD”) or any component thereof, the U.S. Government acquires this commercial computer software and/or commercial computer software Documentation subject to the terms of this Agreement as specified in DFARS 227.7202-3, Rights in Commercial Computer Software or Commercial Computer Software Documentation. If acquired by or on behalf of any civilian agency, the U.S. Government acquires this commercial computer software and/or commercial computer software Documentation subject to the terms of this Agreement as specified in FAR 12.212, Computer Software. AUTHORIZATION. By downloading, installing, accessing, or using the Site, you indicate that you have the authority to bind yourself and your organization to the terms of this Agreement.