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Privacy Policy
Introduction
This website is owned and operated by The SMB Center (the “Company” or “We”). We take your privacy seriously and we are committed to protecting the privacy and accuracy of confidential information to the fullest extent possible under applicable law. This policy (this “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the website, including without limitation all webpages associated with the domain name, www.thesmbcenter.com (our “Website”), and our practices for collecting, using, maintaining, storing, protecting, and disclosing such information. The term “you” used herein refers to anyone who visits, views, or uses the WebsitePlease read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. By accessing or using this Website, you agree to be bound by this Privacy Policy. This policy may change from time to time (see the section below entitled “Changes to This Privacy Policy”) and it is your obligation to review this Privacy Policy. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates. If you do not agree with any of the terms and conditions set forth in this Privacy Policy, then you may not access this Website or use any of the features, tools, or services provided by this Website.
Gathering Information
We collect several types of information from and about users of our Website. Sometimes this information is submitted to us by yourself and other times it may be collected by the Company automatically. You can manage and control your preferences regarding how information is collected as outlined in this Privacy Policy.
Information You Provide to Us
By using this Website, you agree that the Company may collect certain information about you, including personally identifiable information, that is voluntarily provided by you or with your permission. Such information may include:• Personal information provided on or through our Website, including without limitation your name, contact information, or email address• Information provided on or through the Website when requesting promotional items, products or services• Information posted by you to our Website;• Information provided when entering a contest or promotion sponsored by us;• Information submitted when reporting a problem with our Website;• Records and copies of your correspondence (including email addresses), if you contact us;• Social media handles used to communicate with or register with the Website;• Your responses to surveys that we might ask you to complete for research purposes;• Details of transactions you carry out through our Website (including financial information provided in connection therewith) and of the fulfillment of your orders; or• Your search queries on the Website.If you choose not to provide any specific information required to be submitted on the Website,you can still visit and navigate throughout most of the Website; however, you may be unable to access certain features and services and, if you choose not to provide the information required to complete a purchase, you will be unable to complete the transaction. In the event that you submit any information to the Website about a third party (e.g. to complete a purchase of an item on behalf of a third party), please only do so if you have the permission of such third party.
Information Collected Through Automatic Data Collection Technologies
We may use automatic data collection technologies to collect certain information from the device you use to interact with our Website. In some states, territories, and countries, including California and countries in the European Economic Area, this information may be considered personal data or personal information under applicable data protection laws.The information we collect automatically may include, among other things, traffic data, location data, logs, communication data, webpages, and resources that you access and use on the Website, and information about your computer and internet connection, including your IP address, operating system, and browser type.While we do not collect personal information automatically, we may tie this information to personal information about you that we collect from other sources or you provide to us. In any event, such information collected automatically will be used solely for internal business purposes, including internal analytics and to improve the quality and relevant of the information presented on our Website to our visitors and patrons.Some of this automatically collected information may be collected using cookies, web beacons, and other similar tracking technology as explained further below.
Cookies
A cookie is a small file placed on the hard drive of your computer by your web browser. A cookie file may contain or automatically collect user information that allows the Website to track the pages and number of times you visited. This in turn allows us to better understand how you use our Website and to serve you with personalized advertising.Cookies fall into the following subcategories:• Required Cookies. Certain cookies are essential to your secure use and navigation of the Website. Without them, we would be unable to provide certain core Website features to you and the Website would not operate in the way that the Company intends. These cookies collect information such as server preferences, session data, web beacons and log files, in addition to other credential-related information.• Functional Cookies. Other cookies may be used to collect information about your preferences and choices in connection with the Website in order to optimize your experience. These include social media cookies which collect information about your social media usage. Functional cookies also include analytics cookies, which provide us with data that allows us to better understand our users and improve the Website.• Advertising Cookies. We may also use cookies on the Website to personalize your advertising experience when visiting the Website. Such advertisements use cookies to provide targeted advertisements that may be more consistent with your interests than non-targeted advertisements. We do not provide user information to advertising partners except in connection with the Website or as required by law.You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Web Beacons
Web beacons are small electronic files sometimes referred to as clear gifs, pixel tags, and single-pixel gifs. Web beacons permit the Company to recognize users, count users who have visited those pages or opened an email, assessing traffic patterns, identifying preferred content and for other related website statistics.We may also use web beacons to collect various data provided by your browser while you are on our Website and elsewhere where we may be acting as a third party. This data is collected in the aggregate but may include or be associated with other user information voluntarily submitted by you. Because we do not control or have access to the manner in which these third parties use cookies, web beacons and other tracking technologies, we are not responsible for the privacy practices of such third parties.
Log Files
The Website’s servers record information about the IP address, browser type and current URL for each user of the Website. This information is provided by a user’s browser and automatically logged by most websites, including our Website. Such information is stored in a secure location and used for our internal business purposes, including analysis of traffic patterns within our Website.
Information Obtained from Third Party Sources
This Privacy Policy applies solely to the information collected by the Company through the Website. The Website contains some content or applications, including advertisements, that are hosted and served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may collect information about you (through the use of cookies, web beacons, or otherwise) when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.The Company is not responsible for the content or privacy practices of such other third parties and we do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content and/or such third parties’ privacy practices, you should contact the applicable third party directly.
Merger, Sale or Other Asset Transfers
In the event that the Company goes through a business transition, such as a merger, acquisition by another company, or sale of a portion of its assets, your information may be disclosed in connection with the negotiation of such transaction and/or sold or transferred as part of such a transaction as permitted by law and/or contract.
How We Use Your Information
In general, we do not sell, trade, rent, or otherwise share information that we collect about you with third parties without your consent. We may use information that we collect about you or that you provide to us, including any personal information:• To improve and present our Website and its contents in order to better serve you;• To personalize your experience and to allow us to deliver content and offerings in which you are most interested;• To provide you with notices about your account, including expiration and renewal notices;• To carry out our obligations and enforce our rights arising from any contracts entered intobetween you and us, including for billing and collection;• To notify you about changes to our Website or any products or services we offer or provide through it;• In any other way we may describe when you provide the information; or• For any other purpose with your consent.We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data.We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your InformationSharing with Third Parties
We do not sell your personal information to third party marketers without your permission. We share your personal information with third parties only in limited circumstances. We may be required to disclose your personal information pursuant to lawful requests, including to comply with any court order, law, or legal process, or respond to any government or regulatory request. We may also release information if we believe disclosure is necessary or appropriate to protect the rights, property, safety or other interests of the Company, our employees/contractors, our customers, or others, or to prevent illegal activities or violations of our Terms of Service. This may include sharing information with other companies, lawyers, agents, or government agencies
CAN-SPAM Act
We comply with the CAN-SPAM Act of 2003 (the “CAN-SPAM Act”) and do business only with companies that also comply. The CAN-SPAM Act is a law the sets rules for commercial email and messages, and gives recipients of such emails or messages the right to have them stopped from being sent to them. In accordance with the CAN-SPAM Act, we agree to the following:• Not use false or misleading subjects or email addresses;• Identify the message as an advertisement in some reasonable way;• Include the physical address of our business or site headquarters;• Monitor third-party email marketing services for compliance, if one is used;• Honor opt-out/unsubscribe requests quickly; and• Allow users to unsubscribe by using a link at the bottom of any email communication.
Accessing and Correcting Your Personal Information
You may send us an email at privacy@thesmbcenter.com to request access to, correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.If you delete your personal information from the Website, copies of your personal information may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Consent, is governed by our Terms of Use.
Children Under the Age of 13
Our Website is not intended for children under 18 years of age. No one under age 18 may provide any personal information to or on the Website. We do not knowingly collect, use, disclose or store personal information from children under the age of 13 without the prior consent of such child’s parent or legal guardian. If you are under 13, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use on this Website or otherwise. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at info@thesmbcenter.com.
How Long We Retain Personal Information
We retain your personal information for as long as necessary to fulfill the purpose we collected it for and for the purpose of satisfying any applicable legal, accounting or reporting requirements to which we are subject. To determine the appropriate retention period, we consider the amount, nature and sensitivity of the personal information collected, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information, whether we can achieve those purposes through other means, and applicable legal requirements.
European Economic Area Privacy Rights
The Company does not intend to offer, nor does it envision offering in the future, goods or services to individuals or entities resident in the European Economic Area or Switzerland. Notwithstanding the foregoing, if you are a resident of the European Economic Area or Switzerland, you are entitled to certain rights under Regulation (EU) 2016/679 of the European Parliament and of the Council of the European Union 27 April 2016, as amended (the “GDPR”). These include, without limitation, the right:• to access, update or delete your personal data (as that term is defined under the GDPR);• to correct inaccurate or incomplete personal data in our possession;• to restrict or object to the processing of your personal data;• to be provided with a copy of the personal data we have in a portable, commonly used format; and• to withdraw your consent at any time where we have relied on your consent to process your personal data.We will only process your personal data as described in this Privacy Policy and only for the duration necessary. To exercise any of these rights, please contact us directly at info@thesmbcenter.com. As a security measure, we may ask you to verify your identity prior to complying with your request to exercise any of these rights. We may have an overriding lawful basis for processing your personal data, or certain exemptions may apply.You have the right to complain to a Data Protection Authority about our collection, processing and/or use of your personal data. For more information, please contact your local data protection authority in the European Economic Area
California Privacy Rights
If you are a resident of the State of California, you are entitled to additional privacy rights pursuant to California law. To the extent that we are subject to the California Consumer PrivacyAct (the “CCPA”), you may be entitled to the right:• to notice of the categories of personal information that will be collected and the purpose for which the categories will be used;• to access the categories, sources, and business purpose of personal information that is collected, as well as the categories of third parties with which the Company shares personal information;• to opt-out, at any time, from the sale of personal information to third parties (if applicable);• to request deletion of personal information solely to the extent that information was collected from the user; and• to equal services and prices when the user exercises specific rights under the CCPA.California’s “Shine the Light” law (California Civil Code Section 1798.83) permits users of our Website that are California residents to request certain information regarding their personal information (as defined in California Civil Code Section 1798.83(e)(6)) that companies have shared with third parties for their direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. To make such a request, please send an email to info@thesmbcenter.com.
Security
We take your privacy seriously and are committed to protecting the privacy and accuracy of confidential information to the fullest extent possible, subject to provisions of applicable law. To that end, we have implemented measures in an effort to safeguard your personal information in our custody and control and to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Such measures may include, for example, limiting access to your personal information only to employees and authorized service providers or contractors who need to know such personal information for the purposes described in this Privacy Policy, as well as other administrative, technical and physical safeguards.While we endeavor to always protect our systems with reasonable security measures, due to the inherent nature of the internet as an open global communications vehicle and other risk factors, we cannot guarantee the security of your personal information transmitted to our Website, and we cannot guarantee that your personal information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Changes to This Privacy Policy
This Privacy Policy is effective as of April 1, 2024, and we may update and/or modify this Privacy Policy from time to time. You are responsible for periodically visiting our Website and this privacy policy to check for any future changes to this Privacy Policy. Any such future changes will be effective immediately upon our publication of the new terms of this Privacy Policy, and your continued use of this Website after we make changes is deemed to be acceptance of those changes.
Contact Information
If you have any questions or comments about this Privacy Policy or our privacy practices, please contact us at:info@thesmbcenter.com
Terms of Use
Use of this website constitutes your acceptance of and agreement with the Terms of Use set forth on this page. Please read these Terms of Use carefully and in their entirety before using this website.Acceptance of the Terms of UseThese terms of use constitute a legally binding agreement entered into by and between you, whether in your capacity as an individual or on behalf of any entity (“You”), and The SMB Center (“Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of www.thesmbcenter.com, including any content, functionality, goods and services offered on or through www.thesmbcenter.com (the “Website”). If you do not agree to the terms and conditions contained in these Terms of Use, you must discontinue use of this Website and we do not consent to provide you with access to the information contained on the Website, including the content, functionality, goods and services offered on or through the Website.By using the Website, you accept and agree to be bound and abide by our Privacy Policy, Disclaimer, and any other terms that we may provide you when making a purchase on or through the Website, each of which is incorporated herein by reference. Your continued use of the Website after any changes or updates are made to these Terms of Use constitutes your acceptance of those changes and updates. If you do not want to agree to these Terms of Use, you must not access or use the Website.You must be 18 years of age or older and reside in the United States or any of its territories or possessions, in order to use the Website. If you do not meet these requirements, you are not permitted to access or use the Website, including the content, functionality, goods, or services offered on or through the Website.
Accessing the Website and Privacy Policy
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
Intellectual Property Rights
The Website and its entire contents, features, and functionality, including but not limited to all materials, information, software, text, displays, images, video, and audio displayed or published or available on or through the Website, and the design, selection, and arrangement thereof(collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content accessed through the Website.This Website and the content hereon are provided “AS IS” for your personal, non-commercial use only. You agree not to copy, reproduce, aggregate, post, distribute, modify, translate, publish, broadcast, create derivative works of, publicly display, publicly perform, republish, upload, download, store, transmit, license, encode, sell or otherwise exploit any Content, except as follows:• Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials;• You may store files that are automatically cached by your Web browser for display enhancement purposes;• You may reference the Content for any non-commercial purpose with proper attribution (including, where possible, an active hyperlink) to the respective Content on the Website; and• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.If you would like to use the Content in any manner other than as expressly permitted herein, including, for the avoidance, for any commercial purpose whatsoever, please contact us here. You may not under any circumstances use the Content for any commercial purposes or other than as permitted above without the prior written consent of the Company.No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use, may violate copyright, trademark, and other laws, and will be enforced to the fullest extent permitted by law.
Trademarks
The Company name, the terms “SMB Center”, the SMB Center and the “SMB” mark, and all related names, logos, marks, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You may not use such marks in any manner without the prior written permission of the Company. All other names, logos, marks, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Copyright Claims
If you believe that any portion of this Website, including User Contributions, violate your copyright, please send us a notice of copyright infringement at info@thesmbcenter.com. with a takedown notice, which we will promptly address in accordance with applicable law. It is the policy of the Company to terminate the user accounts of repeat infringers.
Prohibited Uses
You may use the Website only for lawful purposes and as permitted by these Terms of Use solely for the purpose for which we make this Website available. You agree not to use this Website:• In any way that violates any applicable federal, state, local, or international law or regulation.• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.• To systematically retrieve any content from this Website for any purpose whatsoever.• To disparage, tarnish, defame, or otherwise harm us, the Website, or any of our affiliates.• To transmit, or procure the sending of, “junk mail” or other unsolicited mass mailing of “spam” or any other similar solicitation.• To advertise or sell any goods or services without our express prior approval.• To use any buying agent or other third party agent to make purchases on or through the Website.• To compete with us or otherwise use the Website and/or any of the content hereon for any revenue-generating endeavor or other commercial enterprise, except as explicitly permitted in any terms applicable to any purchase on or through the Website.• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.Additionally, you agree not to:• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.• Use any automatic means (e.g. robot, spider, offline reader, Website search/retrieval application or other manual or automatic device or process) for any purpose, including to retrieve, index, data mine, or in any way reproduce or circumvent the structure or presentation of this Website or its contents, or make multiple and repetitive inquiries to access, reload or refresh transactional event or ticketing pages.• Use any device, software, or routine that interferes with the proper working of the Website.• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.• Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, blogs, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, distribute, broadcast or otherwise transmit to other users or other persons (hereinafter, “post”) content or materials, including but not limited to text, writings, video, audio, photographs, graphics, illustrations, comments, suggestions, reviews, or person information or other material (collectively, “User Contributions”), on or through the Website.All User Contributions must comply with the Content Standards set out in these Terms of Use.Any User Contributions will be non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to access, store, process, use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.You represent and warrant to us and that:• you own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;• the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your User Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;• you have the written consent, release, and/or permission of each individual person identified or identifiable in your User Contributions to use the name or likeness of each and every such identifiable individual person;• your User Contributions are not false, inaccurate, or misleading;• your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.• Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.• Your Contributions do not violate any applicable law, regulation, or rule.• Your Contributions do not violate the privacy or publicity rights of any third party.• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation. and all of your User Contributions do and will comply with these Terms of Use.You understand and acknowledge that you retain full ownership of and are solely responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.We are not responsible or liable to you or any other third party for the content or accuracy of any User Contributions posted by you or any other user of the Website, and you expressly agree to indemnify and hold us harmless from any against any losses, claims, demands, or other legal action against us regarding your User Contributions.
Monitoring and Enforcement; Termination
We have the right to:• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.However, we do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.This Website includes content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy, accessible here. By using this Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of goods, services, or information formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale, which are hereby incorporated into these Terms of Use.Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express consent.This Website may provide certain social media features that enable you to:• Link from your own or certain third-party websites to certain content on this Website.• Send emails or other communications with certain content, or links to certain content, on this Website.• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:• Establish a link from any website that is not owned by you.• Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.• Link to any part of the Website other than the homepage.• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
This Website is available for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Dallas and County of Dallas, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.
Limitation on Time to File Claims
IN NO EVENT SHALL ANY DISPUTE, CAUSE OF ACTION, OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use, our Privacy Policy, and Disclaimer constitute the sole and entire agreement between you and The SMB Center regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Modifications
These Terms of Use are effective as of August 1, 2022, and we reserve the right to change, update, modify and/or update the contents of the Website or these Terms of Use from time to time for any reason at our sole discretion without notice. Notwithstanding the foregoing, we have no obligation to update any information on this Website or these Terms of Use. We also have the right to discontinue all or any portion of the Website at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter.Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
Your Comments and Concerns
This website is operated by The SMB Center. Please direct any and all feedback, comments, questions, requests, and other communications regarding the Website to:
hello@thesmbcenter.com.Last Modified: April 1, 2024
Disclaimer
The information provided by The SMB Center LLC ("we," "us," or "our") on https://www.thesmbcenter.com (the "Site") is for general informational purposes only.All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE US OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WEWILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PROFESSIONAL DISCLAIMER
The Site cannot and does not contain legal, tax, financial, or investment advice. The legal and financial information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal, financial, tax, investment, or other advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THE SITE IS SOLELY AT YOUR OWN RISK.
AFFILIATES DISCLAIMER
The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following: Amazon, Gusto, Notion, and others.
We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn advertising fees by linking to Amazon.com and affiliated websites.
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors.
Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.