InBizWorks Terms and Conditions
Effective Date: August 1, 2020
Please read these Terms and Conditions ("Terms") carefully before using the https://guiderly.com website (the "Service") operated by InBizWorks, Inc. ("us", "we", or "our"). This document and Privacy Policy applicable to the InBizWorks site generally (available at InBizWorks.com/terms-of-use and InBizWorks.com/privacy-policy, respectively), which are incorporated by reference to these Terms
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, browsers, vendors, customers, merchants, contributors of content and others who access or use the Service. If you do not agree to all the Terms, then you may not access the website or use any Services. If these Terms are considered an offer, acceptance is expressly limited to these Terms of Service.
You can review the most current version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
The InBizWorks Documents (as defined below) are provided for your reference only.
You acknowledge and agree that the making available of all personalized business documents including all templates, Operating Agreement. Summary documents, the Business Plan Canvas, the data about LLCs, and all other business content (the “InBizWorks Docs”) to you by usdoes not create any attorney-client or other confidential or special relationship between you and us and does not constitute the provision of legal advice or other professional advice by us. You should seek advice from an attorney licensed in the relevant jurisdiction(s), as well as a tax professional, before relying on the InBizWorks Docs.
Additionally, the information provided in the InBizWorks Docs and the questionnaire does not constitute tax advice. Any discussion of tax matters is not intended or written to be used, and cannot be used, for the purpose of avoiding penalties under the Internal Revenue Code (or equivalent in the relevant jurisdiction) or promoting, marketing or recommending to another party any transaction or matter.
You further agree and acknowledge that the InBizWorks Docs have not been prepared with your specific circumstances in mind, and may not be suitable for use in your business. You assume all risk and liability that may result from your use of the InBizWorksDocs. You should not use InBizWorks Docs and you should consult your tax, accounting and/or legal advisors in the event the business you are considering organizing has material existing assets, liabilities or operations, or if any assets or contributions are being made by a founder that would cause the value of the company to be anything other than minimal.
THE INBIZWORKSDOCS ARE PROVIDED ON AN “AS IS” BASIS, AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES, TERMS, REPRESENTATIONS AND CONDITIONS WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND INCLUDING ANY WARRANTIES, TERMS, REPRESENTATIONS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WHILE WE TAKE PRECAUTIONS TO PROTECT THE SECURITY OF YOUR INFORMATION, WE CANNOT GUARANTEE IT.
SECTION 1 - ONLINE PLATFORM TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You must not use our products for any illegal or unauthorized purpose you must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
Affiliate payments for accounts with lifetime memberships or free trials can be requested within the affiliate page. Accounts with a balance during their free trial will have any affiliate credits automatically applied to their paid account. Users on monthly or annual plans with more than $800 in credits will automatically upgraded to a life time account and those credits applied towards that plan.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without our express written permission.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our services are 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.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
We reserve the right, but are not obligated, to limit the sales of our Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of services or service pricing are subject to change at anytime without notice, at the sole discretion of us.
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.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household/business or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
SECTION 7 – RECURRING BILLING
Payment for the Service is on an automatic billing basis. There will not be any reminders when your account will renew for another month. By agreeing to these Terms you are agreeing to recurring automatic billing. To continue your membership, you don’t need to do anything. Your membership will automatically renew and your credit card will be processed for the next term. If we do not have a current credit card on file, your membership will expire and you will not have access to your account until it is paid for. If this is the case, you will be prompted to renew when you login. As soon as you renew you will be able to access the account.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘”‘comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any such comments. We undertake no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 11 – PROCESSING OF PERSONAL DATA & OTHER DATA
InBizWorks maintains several safeguards to protect your personal data. These safeguards prevent the use, modification, or disclosure of your Data, except in regards to providing the Purchased Service or to address technical and/or service issues, scenarios where InBizWorks is compelled by Law, or with Customer’s expressed written consent.
Do not use documents in InBizWorks to share / store credit card information, passwords or other sensitive information.
SECTION 12 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth elsewhere in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose (k) storing credit cards or passwords of your clients within the InBizWorksDocs; or (l) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibitions.
SECTION 14 – SOFTWARE; INTELLECTUAL PROPERTY
Our website, the InBizDocs and the software (the “Software”) underlying our website, the InBizDocs and other aspects of the Services are our property. You recognize that the Software is copyrighted under the laws of the United States of America and international treaty provisions. Notwithstanding the copyrights, the Software contains trade secrets and proprietary information of ours and you agree not to act in contravention of any of our intellectual property rights. You acknowledge that we own the aforementioned rights and have the following exclusive rights with regard to the applicable portions of the Software: to reproduce it; to adapt, transform or rearrange it; to prepare derivative works from it; and to control its distribution.
The Software is licensed, not sold. No title to or ownership of the Software or any part thereof is hereby transferred to you, and all rights not specifically granted to you remain with us. You acknowledge that, under these Terms, you acquire only the right to use the Software pursuant to theseTerms.
You may use the Software only as expressly permitted in these Terms. You may not: (i) rent, loan, transfer, relicense, distribute, or otherwise assign the Software or any or all of your rights under these Terms without our prior written consent, and any attempt at the same will be wholly void and ineffective for all purposes; (ii) copy the Software; (iii) decompile, disassemble, or otherwise reverse engineer the Software; (iv) publish the Software for others to copy; or (v) use the Software in any way that is against the law or contrary to these Terms.
SECTION 15 – ANALYTICAL DATA
We reserve the right to collect analytical data with respect to the use of the Services. We may sell, license or rent such data in aggregate form. We will not collect, use, sell, rent or transfer such data to any third party in a form that identifies you or is specific to you.
SECTION 16 -- DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall we, 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 of the service or any products procured 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. Because 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 and in any event will not exceed, in the aggregate, the aggregate amount paid by you for the Service.
SECTION 17 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless us, our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 18 – SEVERABILITY
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
SECTION 19 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination of these Terms will survive the termination of these Terms for all purposes.
These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate these Terms at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 20 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
These Terms and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms).
Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
SECTION 21 – GOVERNING LAW
These Terms and any separate agreements whereby we provide you are governed by and are to be construed in accordance with the internal law of the State of New Mexico, United States.
SECTION 22 – CHANGES TO TERMS OF SERVICE
You can review the most current version of these Terms at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes.
SECTION 23 – CONTACT INFORMATION
Questions about these Terms should be sent to us at info@InBizWorks.com.
InBizWorks, Inc.
PO Box 3070
Taos, NM 87571
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