Terms of Use

1. ACCEPTANCE OF TERMS

Continuity Publishers of America, LLC, a Ohio limited liability company  (hereinafter referred to as “CPA”, “we,” “us” or “our”), makes this website, www.nextforsmallbusiness.com (the “Site”), including all information, documents, communications, files, images, text, videos, audio files, graphics, software, products and services available through the site (collectively, the “Materials”) and all services operated by CPA and third parties through the site (collectively, the “Services”), available for your use subject to the terms and conditions set forth in this document and any changes to this document that CPA may publish from time to time (collectively, the “Terms of Use” or “Agreement”). “CPA Content” as used in this Agreement means all content created and provided by CPA through this Site. “User Content” means all content posted on the Site by you or any other user of the Site. “Member” means a Site user that has registered on the Site and has membership access to the Site content.

By accessing or using this Site in any way, including, without limitation, use of any of the Services, downloading of any Materials, posting any content (if permitted), or merely browsing the Site, you agree to and are bound by the Terms of Use.

CPA reserves the right to change the Terms of Use and other guidelines or rules posted on the Site from time to time at its sole discretion. Your continued use of the Site, or any Materials or Services accessible through it, after such notice has been posted constitutes your acceptance of the changes. Your use of the Site will be subject to the most current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. You should periodically check these Terms of Use to view the then current terms. If you breach any of the Terms of Use, your authorization to use this Site automatically terminates.

2.  INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS

The Materials and Services on this Site, as well as their selection and arrangement, are protected by copyright, trademark, patent, and/or other intellectual property laws, and any unauthorized use of the Materials or Services at this Site may violate such laws and these Terms of Use. Except as expressly provided herein, CPA does not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, reverse engineer, or create derivative works based on the Site, its Materials, or its Services or their selection and arrangement, except as expressly authorized herein. In addition, you agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site.

In addition to the Materials and Services offered by CPA, this Site may also make available materials, information, and services provided by third parties (collectively, the “Third Party Services”). The Third Party Services may be governed by separate license agreements that accompany such services. CPA offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Services or products. You agree that you will not hold CPA responsible or liable with respect to the Third Party Services or seek to do so.

Except as expressly indicated to the contrary elsewhere on this Site, you may view, download, and print the CPA Content and User Content available on this Site subject to the following conditions:

1               The CPA Content and User Content may not be modified or altered in any way.

2               You may not remove any copyright or other proprietary notices contained in the CPA Content and User Content.

3               CPA reserves the right to revoke the authorization to post, list, view, download, and print the CPA Content and User Content available on this Site at any time, and any such use shall be discontinued immediately upon notice from CPA.

4               The rights granted to you constitute a license and not a transfer of title.

The rights specified above to view, download, and print the CPA Content and User Content available on this Site are not applicable to the design or layout of this Site. Elements of this Site are protected by trade dress and other laws and may not be copied or imitated in whole or in part.

3.  TRADEMARK INFORMATION

The trademarks, logos, and service marks, including the “Next For Small Business” trademark (“Marks”) displayed on this Site are the property of CPA or other third parties. You are not permitted to use the Marks without the prior written consent of CPA or such third party that may own the Marks.

4.  LICENSE TO CPA FOR USER CONTENT

Our Site accommodates User Content, including, but not limited to, comments and reviews. By submitting any User Content to this Site you grant CPA the following type of license: For User Content that is the result of your creative efforts and which is intended to be displayed on the Site, you grant CPA a worldwide, royalty-free, non-exclusive license to modify (for purposes of formatting, maintenance, or Site administration) and reproduce such User Content. You also grant CPA the right to distribute and publicly display and perform such User Content for the purpose for which such User Content was submitted to the Site. This license will be in effect until such User Content is removed from the Site

5.  DIGITAL MILLENNIUM COPYRIGHT ACT

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may send the notification to Support@NextForSmallBusiness.com.

6.  PROHIBITED COMMUNICATIONS

You may submit only User Content to the Site that is (a) owned by you, (b) submitted with the express permission of the owner or within the scope of the license to such content, or (c) in the public domain. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene, or pornographic materials, or other materials that would violate any law or the rights of others, including, without limitation, laws against copyright infringement, and rights of privacy and publicity. Violation of these restrictions may result in denial of or limitations on access by you to this Site.

7.  USER CONDUCT

In using the Site, including all Services and Materials available through it, you agree: not to disrupt or interfere with any other user’s enjoyment of the Site or affiliated or linked sites; not to upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive, or destructive files; not to create a false identity; not to use or attempt to use another’s account, password, service, or system without authorization from CPA; not to disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any Services, Materials, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or any linked sites. You understand and agree that sending unsolicited email advertisements or spam to Site users is expressly prohibited by these terms.

8.  MANAGING CONTENT AND COMMUNICATIONS

CPA reserves the right, in its sole discretion, to delete or remove User Content from the Site and to restrict, suspend, or terminate your access to all or part of this Site, at any time without prior notice or liability. CPA may, but is not obligated to, monitor or review any areas on the Site where users transmit or post User Content, including but not limited to areas where Services are available, and the substance of any User Content. To the maximum extent permitted by law, CPA will have no liability related to User Content. CPA disclaims all liability with respect to the misuse, loss, modification, or unavailability of any User Content. You agree and represent that you are entirely responsible for all User Content that you upload, download, post, list, transmit or otherwise use or make available via the Site.  Since we do not control the User Content posted on the Site we cannot and do not guarantee the accuracy, integrity or quality of such User Content.

9.  VIDEOS, AUDIO AND CONTENT LICENSE

The videos, audio files, and start up tools furnished to you online by us is the proprietary and copyrighted work of CPA and/or its third-party licensors or contractors. We provide you with a limited license to use this content, which you agree to use in accordance with the terms and conditions outlined in this Agreement. You may not sub-license, or charge others to view, use or access our content without first obtaining written permission from CPA. All right, title and interest in and to the CPA Content are retained by CPA and its licensors, and this Agreement shall not be construed as transferring any rights of ownership or license to the software or to any information therein except as expressly set forth in this Agreement.

10.  MEMBERSHIP AND BILLING

Your membership is effective for one month and continues on a monthly basis upon your payment of the monthly renewal fee. Renewal fees for your membership will automatically be charged on the first of every month, at the then current rate, to the credit card or other billing source authorized by you, on the first day of each successive subscription term, until you cancel your subscription. This will be done without prior notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term for which you have paid, you may cancel your subscription and terminate further billing by [contacting us at support@nextforsmallbusiness.com. In the event of cancellation, your subscription and monthly billing will terminate at the end of your monthly billing term and you will not be eligible for a prorated refund of any portion of your paid monthly subscription fee. We reserve the right to change the subscription fee for any renewal term to be effective upon the renewal of your subscription.

11. FREE TRIAL

Free Membership Trial: We may offer you a free membership trial when you purchase certain online products from CPA. When you checkout, you will have an option to order our free membership trial and you will be asked for valid credit card information to purchase the CPA product. We will use your credit card information to bill you for the purchased online product and for future subscription fees should you fail to terminate the trial subscription. We will start your free trial upon completion of your online order. You may cancel your trial subscription without charge at any time. If you do not cancel your free trial subscription your subscription will continue automatically and the monthly fee will be billed to the credit card or other billing source provided by you when you placed your order on the first day of each successive subscription term. Such billing will occur without further notice to you. Should you choose to discontinue your subscription for any reason before expiration of the then applicable subscription term or the trial period, you may cancel your subscription and terminate future billing by contacting us at support@nextforsmallbusiness.com.

All fees are quoted in U.S. dollars unless stated otherwise. You are responsible for paying all fees and applicable taxes associated with the subscription with a valid payment method. If your payment method fails, we may collect fees resulting from our collection procedures.

12.  WARRANTIES AND DISCLAIMERS

Except as expressly provided otherwise in a written agreement between you and CPA or you and a third party with respect to such party’s materials or services, this Site, and all Materials and Services accessible through this Site are provided “as is” without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, CPA makes no warranty that

(i) the Services and Materials will meet your requirements; (ii) the Services and Materials will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Services or Materials will be effective, accurate, or reliable; (iv) the quality of any Services or Materials obtained or accessible by you through the Site will meet your expectations; and (v) any errors in the Services or Materials obtained through the Site, or any defects in the Site, its Services or Materials, will be corrected.

You understand and acknowledge that (i) CPA does not control, endorse, or accept responsibility for any content, products, or services offered by third parties or site users through the Site; (ii) CPA makes no representation or warranties whatsoever about any such third parties or site users, their content, products, or services; (iii) any dealings you may have with such third parties or site users are at your own risk; and (iv) CPA shall not be liable or responsible for any content, products, or services offered by third parties or site users.

The use of the Services or the downloading or other use of any Materials through the Site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. CPA assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the Site or in connection with any Services or Materials offered through the Site. No advice or information, whether oral or written, obtained by you from CPA or through or from the Site shall create any warranty not expressly stated in these Terms of Use.

13.  PERSONAL INFORMATION AND PRIVACY

You understand and agree that we may disclose information about you if we have a good faith belief that we are required to do so by law or legal process, to respond to claims, or to protect the rights, property, or safety of CPA or others. Please refer to our Privacy Policy for more information about the manner in which we protect and use your information.

14.  LIMITATION OF LIABILITY

In no event, including, without limitation, negligence, shall CPA, its subsidiaries, affiliates, agents, officers, directors, employees, partners, or suppliers be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data, or profits, whether or not CPA has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of or the inability to use this Site, its Services, or Materials, the statements or actions of any third party on or through the Site, any dealings with other users or other third parties, any unauthorized access to or alteration of your transmissions or data, any information that is sent or received or not sent or received, any failure to store or loss of data, files, or other content, any Services available through the Site that are delayed or interrupted, or any website referenced or linked to or from this Site.

15.  INDEMNITY AND LIABILITY

You agree to indemnify and hold CPA, and its subsidiaries, affiliates, officers, directors, agents, partners and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of content you submit, post to, or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms of Use or your violation of any rights of another person or entity.

16.  GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by CPA from its offices within the State of California, United States of America. By accessing this Site, you and CPA agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. Subject to the arbitration clause below, you and CPA also agree and hereby submit to the exclusive personal jurisdiction and venue of the Courts within the State of California with respect to such matters.

Any dispute relating in any way to your visit to this Site shall be submitted to confidential, binding arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate CPA’s intellectual property rights, CPA may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise

17.  GENERAL

The Terms of Use and the other rules, guidelines, licenses and disclaimers posted on the Site constitute the entire agreement between CPA and you with respect to your use of the Site. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by CPA to enforce or exercise any provision of these Terms of Use or related right shall not constitute a waiver of that right or provision