The Small Business OrganizationTM
Terms of Service
Last Updated: April 06, 2009
Please read these Terms of Service carefully. They contain important information about your rights and obligations. They also contain a dispute resolution clause.
(the “Site”) is brought to you by the Small Business Organization™ (“we” or “us”). By using the Site and/or signing up for our services, you fully and unconditionally agree to these Terms of Service. If you do not agree to these Terms of Service, please do not visit or use the Site or sign up for our services. We may revise these Terms of Service at any time by updating this page. By using the Site and/or our services, you agree to be bound by any such changes.
the terms of which are incorporated into these Terms of Service.
Any information that you submit to us or that we collect
through the Site is subject to our
these Terms of Service.
Small Business Organization Membership (the Service & the
When you become a member of the Small Business Organization (the “Service”), you become eligible for the Small Business Survival Kit, which consists of a variety of free and/or discounted business services (the “Offers”). The Offers are subject to change at any time in our discretion, but may include dial-up Internet access, legal advice, credit check services, website building and hosting, check guarantee program, pre-employment screening services, healthcare benefit program, access to a national finance network and payroll solutions. You will also receive the following benefits when you order from Office Depot® by phone or online at officedepot.com (you will also receive these benefits in Office Depot® stores if you link your credit card to your Office Depot account and use that linked card in the stores): $25 off your first purchase of $100 or more; a 10% discount off the regular officedepot.com price of any item; free next day delivery with purchases of $50 or more; an additional 5% off all purchases made within 90 days of your activation of the Office Depot® benefit; as well as other Office Depot® discounts and savings. For a more detailed description of these services and offers, please visit www.sbo-online.org. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Site, the Service, any benefit offered through the Service and/or any Offer, with or without notice to you, and without liability to you or any third party.
Eligibility & Member Account
You must be a legal resident of the United States and at least eighteen (18) years old to join the Service. Limit: one (1) account per person. Membership is provided at our sole discretion, and we reserve the right, in our discretion, to deny an account, or to discontinue the Service, to anyone, for any or no reason whatsoever.
When you sign up for an account, you will provide us with your contact and payment information (collectively, “Account Information”). You agree not to impersonate any other person while using the Site or Service. You agree to provide true, accurate, current and complete Account Information and to update it as necessary to maintain it in an up-to-date and accurate fashion.
We will verify and approve all requests for membership in accordance with our standard verification procedures. If we approve you for an account, we will notify you within 48 hours by a welcome e-mail sent to the address in your Account Information. The e-mail will contain complete Service operating instructions and customer service contact information. It will also include your temporary User ID and password (together, the “Login”). You will have the option to change your User ID after the first time you log into the Service. It is solely your responsibility to maintain the confidentiality of your Login, and you are responsible for all use of the Site and Service accessed through it. You agree to immediately notify us of any unauthorized use of your Login or any other actual or suspected breach of Site or Service security.
Payment for the Service
Each month, you will be billed $15.25 for the Service. You may make your monthly payments either with one of the major credit cards that we accept or by allowing us to charge you for the Service on your monthly telephone bill.
If you choose to pay by credit card, then your first charge of $15.25 will be processed immediately. Your credit card will subsequently be charged $15.25 on or about the same day of each month.
If you agree to pay for the Service through charges on your local telephone bill, you warrant and represent that you have the authority to incur charges to the designated local telephone number. We are not affiliated with your local telephone company. You will see the charge for the Service on the ESBI bill page on your monthly bill, billed on behalf of SBO-Online.org.
We reserve the right to change our pricing and/or billing practices, in our discretion. We will provide you with notice of any such change, to the e-mail address in your Account Information. Your failure to use the Site or Service does not constitute a basis for your refusal to pay the monthly charges.
If you choose to pay for the Service through charges on your local telephone bill, then, if you cancel your Service account within seventy-two (72) hours from the date and time displayed on your welcome e-mail (the “Rescission Period”) by calling us at 877-726-4222 or sending an e-mail to our support group at email@example.com, we will not charge any fee to your telephone bill, and your account will be cancelled, effective immediately. If you are a Sprint customer, you have seven (7) days from the date and time displayed on your welcome e-mail to cancel. If you do not cancel within the Rescission Period, you will be billed the monthly fee of $15.25 as described under “Payment for the Service,” above, until such time that you cancel, or we terminate, your account. See below for how to cancel after the Rescission Period.
You may cancel your Service account at any time. To do so, call 877-726-4222, or send an e-mail to our support group at firstname.lastname@example.org. If you cancel by phone, your cancellation will be effective immediately. If you cancel by e-mail, it will be effective within 24 hours. If you cancel, you will lose access to all Service benefits and Offers.
We reserve the right in our sole discretion to terminate or restrict your use of the Site, the Service and/or any Offer, without notice, for any or no reason, and without liability to you or any third party. Any such termination will be effective immediately.
PLEASE NOTE THAT, IF YOU CANCEL YOUR ACCOUNT OR IF WE TERMINATE IT, WE WILL NOT PROVIDE A REFUND OR CREDIT FOR ANY PARTIAL MONTH MEMBERSHIP PERIOD. NOR WILL WE PROVIDE A REFUND OF ANY FEES PAID UP TO THE DATE OF CANCELLATION OR TERMINATION.
By using the Site or our Service, you agree not to: (1) impersonate any other person while using the Site or our Service; (2) use them for any unlawful purpose; (3) upload commercial content to the Site; or (4) use the Site to solicit others without our express prior written permission.
Use of Information Submitted
You agree that we are free to use any comments, information or ideas contained in any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving the Site, the Service or any other products or services.
The entire content of the Site, including but not limited to text, graphics and code, is the property of the Small Business Organization. Copyright 2007, Small Business Organization. ALL RIGHTS RESERVED. We grant you permission to electronically copy and print hard copy portions of the Site solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of the Site content is strictly prohibited, unless authorized by us in writing.
All trademarks, service marks and trade names of the Small Business Organization used on the Site are trademarks or registered trademarks of the Small Business Organization in the U.S. and/or other countries.They may not be used without our prior express written permission. Office Depot® does not endorse or sponsor the Small Business Organization and/or any of its promotions. Office Depot is a registered trademark of Office Depot, Inc. All other trademarks that appear on the Site or in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to or endorsed by us.
Warranty Disclaimer & Liability Limit
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE PRESENT THE SITE, THE SERVICE AND THE OFFERS “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We assume no liability or responsibility for any errors or omissions on the Site or with respect to the Service or any Offer; any failures, delays or interruptions in the accessibility of the Site, the Service or any Offer; any losses or damages arising from the use of the Site, the Service or any Offer; or any conduct by other users of the Site, the Service or any Offer. We reserve the right to deliver the Site, the Service and the Offers in our sole and absolute discretion. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing may not apply to you. IN NO EVENT SHALL THE SMALL BUSINESS ORGANIZATION, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICE, ANY OFFER AND/OR THESE TERMS OF SERVICE, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE. TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT OUR TOTAL LIABILITY FOR DAMAGES RELATED TO THE SITE, THE SERVICE AND/OR THE OFFERS IS LIMITED TO THE TOTAL AMOUNT YOU HAVE PAID US FOR THE SERVICE AND THE OFFERS. Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
You agree to indemnify, defend and hold the Small Business Organization, its directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, in whole or in part, out of your use of the Site, the Service, any Offer or your violation of these Terms of Service, any law or the rights of any third party.
By using the Site and signing up for the Service, you agree to receive electronic communications from us. You agree that any notice, agreement, disclosure or other communication that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Governing Law: You agree that these Terms of Service or any claim, dispute or controversy between you and us arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Service, any Offer, our advertising or any related transaction shall be governed by the laws of the State of California, without regard to its conflicts of law rules.
Binding Arbitration: You agree that any claim, dispute or controversy between you and us, our agents, employees, principals, successors, assigns and affiliates (collectively for purposes of this paragraph, “SBO”) arising from or relating to these Terms of Service, their interpretation or breach, termination or validity, the relationships which result from these Terms of Service, the Service, any Offer, SBO advertising or any related transaction SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION, IN ACCORDANCE WITH ITS APPLICABLE RULES, OR ANY OTHER ESTABLISHED ALTERNATIVE DISPUTE RESOLUTION PROVIDER MUTUALLY AGREED UPON BY THE PARTIES. The arbitration will be limited solely to the dispute between you and SBO. NEITHER YOU NOR SBO SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS OR ARBITRATE ANY CLAIM AS A REPRESENTATIVE OR CLASS ACTION OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Each party shall pay its own costs and attorneys’ fees. However, if any party prevails on a statutory claim that affords the prevailing party attorneys’ fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.
Limitations of Actions: Any claim or cause of action arising out of or related to your use of the Site, Service or any Offer must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
If any provision of these Terms of Service is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such provision. Our failure to enforce any provision of these Terms of Service shall not constitute a waiver of that or any other provision. These Terms of Service set forth the entire understanding and agreement between you and the Small Business Organization with respect to the subject matter hereof.
If you have any questions about these Terms of Service,
please contact us at:
Small Business Organization
11301 W. Olympic Blvd., #726
Los Angeles, CA 90064