Welcome to USFSB.com, the official website of the United States Federation of Small Businesses,
Inc., its successors and assigns (hereinafter “USFSB”), a national membership association of
small businesses for small businesses. By using the USFSB.com website (“website”) you (“you”
“your” shall include your principals, employees, officers, agents, members of your organization,
members of your association, successors and assigns) agree to be bound by these Terms of Use
(this “Agreement”), whether or not you are or become a member of USFSB (“member”).
This Agreement sets out the legally binding terms of your use of the website and may be
modified by USFSB, from time to time, such modifications to be effective upon posting by
USFSB on the website. This Agreement includes USFSB’s Acceptable Use Policy for Content
Posted on the website, Privacy Policy, and any notices regarding the website.
1. Eligibility.
Anyone may visit the public sections of the website; however, you must be a business entity,
corporation, business partnership, sole-proprietor, self-employed operator of a business,
an organization, or an association and meet USFSB’s membership guidelines to become and
remain a member. Your status as a member and the type of membership will effect your
ability to enter certain sections of the website and to participate in and/or access
certain benefits, products, and services offered on the website. By using this website,
you represent and warrant that you have the right, authority, and capacity to enter into
this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Term.
This Agreement will remain in full force and effect while you use the website.
USFSB may terminate your use, participation in, and/or access to all or any part of the
website at any time. If USFSB terminates your use, participation in, or access to the
website or any part thereof because you have breached the Agreement or due to a change
in your membership status, you will not be entitled to a refund of any fees, dues or charges.
Even after any such termination, this Agreement will remain in effect.
3. Illegal or prohibitive use.
Illegal and/or unauthorized uses of the website, including but not limited to, the
unauthorized collecting of user names and/or email addresses of members and/or users by
electronic or other means for the purposes of sending unsolicited mail or email and
unauthorized framing of or linking to the website and any violation of this Agreement
will be investigated, and appropriate legal action will be taken, including, without
limitation, civil, criminal, and injunctive redress.
4. Proprietary Rights in Content.
USFSB owns and retains all proprietary rights in the website. The website contains the
copyrighted material, trademarks, logos, service marks, and other proprietary information
of USFSB, its vendors, carriers, members, brokers, and affiliates. The website also
contains vendor information, carrier information, prospect information, broker information,
and member information of USFSB, as well as information regarding USFSB’s methods of
operation. Except for that information which is in the public domain or for which
you have been given written permission, you may not copy, modify, publish, transmit,
distribute, perform, display, or sell any such proprietary information or use such
proprietary information in competition with or in violation of the rights of USFSB
and/or its vendors, carriers, members, brokers, or affiliates.
5. Content Posted on the Website.
a. You understand and agree that USFSB may, but is not
obligated to, monitor, review, modify, and/or delete any content, chat room dialog,
advertisements, messages, photographs, drawings, depictions, caricatures, links, or
profiles (collectively “content”) that in the sole judgment of USFSB violates this
Agreement or which may be offensive, illegal, or that might violate the rights, harm,
or threaten the safety, or personal and/or business well being of USFSB, its vendors,
carriers, members, prospects, brokers, or affiliates and their agents, employees,
principals, officers, members, prospects, customers, successors, assigns, and
related companies.
b. You are solely responsible for the content that you
publish or display (hereinafter “post”) on the website or transmit to others.
c. By posting content to any area of the website, you
automatically grant, and you represent and warrant that you have the right to grant,
to USFSB an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to
use, copy, perform, display, and distribute, in any way, such information and content
and to prepare derivative works of, or incorporate into other works, such information
and content, and to grant and authorize sub-licenses of the foregoing unless otherwise
restricted by separate agreement with USFSB.
d. The following is a partial list of the kinds of Content
that is illegal or prohibited on the website. USFSB reserves the right to, but
is not obligated to, monitor the content and to investigate and take appropriate
legal action in its sole discretion against anyone who violates this provision,
including without limitation, removing the offending content and terminating the
use of, participation in, and/or access to the website of such violators. It includes
Content that, in USFSB’s sole judgment:
1. is patently offensive to the online community, such as
content that promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
2. harasses or advocates harassment of another person or group of people;
3. involves the transmission of “junk mail”, “chain letters”,
or unsolicited mailings or “spamming”;
4. promotes information that you know or should know is false,
misleading or promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libelous;
5. promotes an illegal or unauthorized copy of another’s
copyrighted work; such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protecting devices, or providing
pirated music, movies or other video or audio works or links to such pirated files;
6. contains restricted or password only access pages, or
hidden pages or images (those not linked to or from another accessible page);
7. provides materials that exploit people in a sexual or
violent manner, or solicits personal information, or solicits commercial activity
from anyone under 18;
8. provides instructional information about illegal activity
such as making or buying illegal weapons, violating someone’s privacy, or providing or
creating computer viruses;
9. solicits passwords or personal identifying information
for unlawful purposes from other users;
10. engages in commercial activities and/or sales without
USFSB’s prior written consent such as contests, sweepstakes, barter, advertising,
and pyramid schemes; and
11. engages in or solicits any commercial activity that is
or may be harmful to USFSB’s business interests or those of its vendors, carriers,
members, brokers or affiliates; or competes with USFSB or any of its vendors,
carriers, members, brokers or affiliates; or violates any of USFSB’s contracts
or agreements with any of its vendors, carriers, members, brokers or affiliates.
e. You must use the website in a manner consistent with any and
all applicable laws, rules and regulations.
f. Except as authorized by USFSB, you may not engage in advertising
to, or solicitation of USFSB’s members and/or website users to buy or sell any products
or services through the website. You may not transmit any chain letters or junk mail to
other members.
g. Although USFSB cannot monitor the conduct of its members and
users off the website, it is also a violation of this Agreement to use any information
obtained from the website in order to harass, abuse, or harm another person, or in order
to contact, advertise to, solicit, or sell to any member or user without the prior express
consent of USFSB. In order to protect our members and users, USFSB reserves the right to
restrict the number of emails and billboard messages and the amount of chat room activity
in any way USFSB deems appropriate in its sole discretion.
6. Copyright Policy.
You may not post, distribute, or reproduce in any way copyrighted material, trademarks, or
other proprietary information without obtaining the prior written consent of the owner of such
proprietary rights. Without limiting the foregoing, if you believe that your work has been
copied and posted on the website in a way that constitutes copyright infringement, please provide
USFSB with the following information: an electronic or physical signature of the person
authorized to act on behalf of the owner of the copyright interest; a description of the
copyrighted work that you claim has been infringed; a description of where the material that
you claim is infringed is located on the website; your address, telephone number, and email
address; a written statement by you that you have a good faith belief that the disputed use
is not authorized by the copyright owner, its agent, or the law; a statement, by you, made
under penalty of perjury, that the above information in you notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of
claim of copyright infringement can be sent to USFSB, c/o President, 249 Green Street,
Schenectady, New York 12305.
7. User Disputes.
You are solely responsible for your interaction with other users of the website.
USFSB reserves the right, but has no obligation, to monitor disputes between you and
other users.
8. Privacy.
Use of the website is also governed by our Privacy Policy.
9. Disclaimers.
USFSB is not responsible for any incorrect or inaccurate Content posted on the website or
in connection with any benefit, product or service offered on the website, whether caused
by users of the website, USFSB, or its members, vendors, carriers, brokers, or affiliates,
or by any of the equipment or programming associated with or utilized in the website.
USFSB is not responsible for the conduct, whether online or offline, of any user of the
website or member, vendor, carrier, broker or affiliate. USFSB assumes no responsibility
for any error, omission, interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access to, or alteration
of, user or member communications. USFSB is not responsible for any problems or technical
malfunction of any telephone network or lines, computer online systems, servers or
providers, computer equipment, software, failure of email or players on account of
technical problems or traffic congestion on the Internet or to any website or any
combination thereof, including injury or damage to users and/or members or to any
other person’s computer related to or resulting from participating or downloading
materials in connection with the website. Under no circumstances will USFSB be
responsible for any loss or damage, including personal injury or death, resulting
from anyone’s use of the website; any Content posted on the website or transmitted
to users or members; any interaction between users of the website; or the use of or
participation in any benefit, product, or service offered on the website, whether
online or offline. The website is provided “AS-IS” and USFSB expressly disclaims
any warranty of fitness for a particular purpose or non-infringement. USFSB cannot
guarantee and does not promise any specific results from the use of or participation
in the website or the use of or participation in any of the benefits, products and
services offered on the website.
10. Limitation on Liability.
Except in jurisdictions where such provisions are restricted, in no event will USFSB be
liable to you or any third party for any indirect, consequential, exemplary, incidental,
special or punitive damages, including also lost profits and attorney’s fees arising from
your use of the website or your use of or participation in any benefit, product or service
offered on the website, even if USFSB has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, USFSB’s liability to you for any
cause whatsoever, and regardless of the form of the action, will at all times be limited to
the amount paid, if any, by you to USFSB for the use of the website.
11. U.S. Export Controls.
Software from this website (the “software”) is further subject to United States export
controls. No software may be downloaded from the website or otherwise exported or
re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea,
Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to
anyone on the U.S. Treasury Department’s list of Specially Designated Nationals of the
U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software,
you represent and warrant that you are not located in, under the control of, or a national
or resident of any such country or on any such list.
12. Disputes.
If there is any dispute about or involving the website and/or any benefit, product or
service offered on the website, or your use of or participation in the website, you agree
that the dispute will be governed by the laws of the State of New York without regard to
its conflict of law provisions. You agree to personal jurisdiction by and venue in the
state and federal courts of the State of New York, County of Schenectady, New York.
13. Indemnity.
You agree to indemnify and hold USFSB, its affiliates, officers, agents, employees,
shareholders, directors, successors and assigns, harmless from any loss, liability,
claim or demand, including reasonable attorney’s fees, made by any third party due to or
arising out of your use of or participation in the website; your use of or participation
in any benefit, product or service offered on the website; your offer and provision of
any benefit, product or service on the website; your interaction with any member or user
online or offline; your violation and/or breach of this Agreement; and/or any breach of
your representations and warranties set forth herein.
14. Other.
This Agreement, accepted upon use of the website and further affirmed by becoming a
member, vendor, broker, or carrier of USFSB, contains the entire agreement between
you and USFSB regarding the use of or participation in the website, and/or any use
or provision of any benefit, product or service offered or available on the website.
If any provision of this Agreement is held invalid, the remainder of this Agreement
shall continue in full force and effect.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED THEREIN.
