GoSmallBiz Terms of Service
This Terms of Service Agreement (the “Agreement”) is by and between GoSmallBiz.com, a DBA of FTSBN, Inc., and the person acknowledging this agreement. By using the content and/or services presented on this website, the user is acknowledging his/her acceptance of the terms stated in this Agreement. This Agreement covers both member and non-member use of the GoSmallBiz site, including any content or services accessible through such site. GoSmallBiz may change the Terms of Service from time to time. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service. The use by you of any content or services accessible through this site may be subject to your acceptance of separate agreements with GoSmallBiz or third parties.
GENERAL TERMS AND CONDITIONS
You acknowledge and agree that use of any content or service provided through this site is entirely at your own risk. Services and content are provided “as is,” without warranty of any kind, either express or implied, and GoSmallBiz and its suppliers disclaim any and all warranties, including, but not limited to: (1) any warranties concerning access to the service, the availability, accuracy, usefulness of content, products or services and (2) any warranties of title, warranty of non-infringement, warranties of merchantability or fitness for a particular purpose. GoSmallBiz does not warrant that the service will be free of downtime. In fact, it is expected that there will be periods when the web site will be inaccessible due to maintenance or technical problems. GoSmallBiz does not warrant that the service is free from bugs, viruses, errors, or other program limitations nor does GoSmallBiz warrant access to the Internet or to any other service or content through the service. THE ENTIRE LIABILITY OF GOSMALLBIZ AND ITS REPRESENTATIVES (AS DEFINED BELOW) FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER/MEMBER FOR THE RELATED SERVICES OR CONTENT PURCHASED FROM GOSMALLBIZ, ITS AUTHORIZED RESELLER OR ITS SERVICE PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOSMALLBIZ AND ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS OR SUPPLIERS (“REPRESENTATIVE”) ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO: DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR INVESTMENT, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF GOSMALLBIZ OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. The limitations of damages set forth above are fundamental elements of the bargain between GoSmallBiz and you. GoSmallBiz would not be able to provide its content and services to you without such limitations. If you are dissatisfied with any portion of the service or content, your sole and exclusive remedy is to discontinue using the service and its related web sites.
ACCURACY OF INFORMATION
While we use reasonable efforts to furnish accurate and up-to-date information, we do not warrant that any information contained in, or made available through this website, is accurate, complete, reliable, current or error-free. We assume no liability or responsibility for any errors or omissions in the content of this website or such other materials or communications.
MEMBERSHIP IN GOSMALLBIZ
GoSmallBiz maintains a web site (“Site”) that contains content to appeal to the small business owner. Much of the content and many of the offers are available to anyone viewing the Site. Some of the content and services are, however, restricted to members. Memberships are sold directly by GoSmallBiz and can be purchased directly from the Site under terms disclosed in the membership portion of the Site. The terms and pricing are subject to change at the discretion of GoSmallBiz, and GoSmallBiz makes no representation that it will adjust the membership fees of any member for subsequent price adjustments.
Memberships are also sold through various “bundling” arrangements, where the membership is included as a part of a larger offer and paid for by the sponsor of that larger offer. Such membership sales are negotiated with the business partner sponsoring the bundled membership. GoSmallBiz is responsible only for the portion of the bundle delivered through this Site and has no input, control or responsibility for the other products or services included as part of the sponsor’s bundle.
NOTHING ON THE SITE SHOULD BE CONSIDERED LEGAL ADVICE
No attorney-client or other professional relationship of any nature is created by participation in any area or offering at the Site. Do not act on or rely on any information from the Site without consulting with a licensed attorney, as this material is not a substitute for obtaining appropriate legal advice from competent, independent legal counsel in the relevant jurisdiction.
ASK YOUR QUESTION
GoSmallBiz provides a mechanism for its members to ask questions related to business matters of the type that would typically be asked of a business, tax, or legal consultant. GoSmallBiz, through its employees, business partners and a network of consultants and/or attorneys responds to those questions posed by members. GoSmallBiz has a stated objective to respond to each question within two business days, however, there is no assurance or warranty that every question can or will be answered within that time frame.
The scope of the “Ask Your Question” service is generally limited to responses that can be provided by a consultant with no more than one hour’s research into the specific subject matter. It is not the intent of this service to provide in-depth research. Instead, the service is intended to provide a sounding board, feedback on ideas and suggestions on finding solutions. Our consultants often do limited amounts of research in order to respond to specific questions, however, there is no promise that we will research any particular question that we determine, in our sole discretion, to be beyond the scope of this service.
GoSmallBiz does not provide legal advice or other advice that can only be provided by licensed professionals, in which case you should contact a qualified attorney. GoSmallBiz partners with Legal Club of America (“Legal Club”). Legal Club is not a law firm, insurance coverage or a provider of legal services. Legal Club has a network of participating attorneys and will place members of GoSmallBiz in contact with an attorney. Participating attorneys are not employees of Legal Club or GoSmallBiz. Participating attorneys are solely responsible for their legal services in accordance with special fee guidelines established with Legal Club. Such suggestions or referrals to other web sites are not to be considered as legal advice. Legal matters should be referred to a competent attorney. No attorney / client relationship shall exist at any time between you and GoSmallBiz.
GoSmallBiz exists to assist its members with running and growing their small businesses. GoSmallBiz reserves the right to screen out and reject questions that are, in our sole discretion, not related to running and growing a small business. Questions that are related to personal rather than business activities or that are related purely to large company or government matters may be returned unanswered.
GoSmallBiz reserves the right to limit the number of times that it will respond to the same question from a member. The limitation shall be based upon a standard of reasonableness that is determined by GoSmallBiz in its sole discretion.
Members who attempt to overload the system with questions that, in our sole discretion, appear intended to damage our ability to respond to other members rather than providing needed assistance to the member making the request, will be returned unanswered and we further reserve the right to terminate the membership of anyone.
Members who ask questions, do so with the understanding that responses are provided based on the knowledge and experience of the consultant answering the question. Many responses reflect the opinions of the responding consultant. Many questions have no clear and obvious answer, and any response will, of necessity, be based on the judgment and opinion of the consultant making the response. Many questions are also subject to misinterpretation. Our consultants have neither the opportunity nor the ability to determine and review all of the relevant facts. Therefore, GoSmallBiz cannot and does not warrant that its answers are “correct.” In fact, GoSmallBiz acknowledges that its responses may contain errors or may misinterpret the question that was asked. There is a further risk that reference materials to which we refer a member relative to a particular subject matter may contain inaccurate or even offensive material. This is particularly true when web sites to which we refer members contain other links to other web sites, which we have not researched and cannot research. The member asking the question bears responsibility for assessing the validity and applicability of the response before using the information provided in the response.
Our goal is to acquaint the user with as much information as is available to us at what we determine, in our sole discretion, to be a reasonable cost. We work with the information to present it in a manner that will be usable by the typical small business.
Responses from the GoSmallBiz resource center carry the following disclaimer:
- By using the Service, you agree that in consideration of GoSmallBiz’s furnishing management or technical assistance that you waive all claims against GoSmallBiz, its personnel or business partners arising from this assistance.
- No attorney / client relationship shall exist at any time between you and GoSmallBiz. The above information is provided as assistance based on information, which you have provided to GoSmallBiz. GoSmallBiz has not undertaken to confirm the accuracy of such information nor perform thorough investigation in providing a response. You should not rely on this response as authoritative in making business decisions; the Service is not a substitute for counsel with respect to specific matters of law, tax, investment, or other disciplines where review of the facts, circumstances and relevant rules could and should be undertaken.
GoSmallBiz attempts to provide meaningful assistance, but the information provided in its responses may contain technical inaccuracies or typographical errors. GoSmallBiz’s assistance is provided without warranty of any kind, either expressed or implied. In no event shall GoSmallBiz be liable for any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, whether or not advised of the possibility of damage, under any theory of liability, arising out of or in connection with the use or performance of information provided by way of this assistance program.
Please be advised that our editorial staff may use portions of your question for any of our publications. Your name will not appear without your permission. If you object to our publishing your question, please contact us immediately.
INCORPORATION & ENTITY MANAGEMENT RELATED SERVICES
GoSmallBiz is an internet publishing service. All materials accessible via the Site are intended to provide you with a convenient method for completing and filing your requested forms. The materials contain information of general application and are not intended to replace the advice of an attorney. While our staff expends great efforts to maintain and publish accurate information, State and Federal laws are constantly evolving. In addition, laws are open to different interpretation and greatly vary amongst different jurisdictions.
The materials, information and links posted on the Site are provided for public informational purposes only, and do not constitute individualized legal advice. The information on the Site is only provided with the understanding that GoSmallBiz and its affiliates are not engaged in rendering legal or other professional services. GoSmallBiz expressly disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal or other professional.
When using our Services, you will be acting as your own attorney. GoSmallBiz completes information on the requested forms based upon the information you have provided to us. BY PROVIDING YOU WITH THIS SERVICE, GOSMALLBIZ, ITS ADVISORS, AGENTS, REPRESENTATIVES, AND EMPLOYEES ARE NOT RENDERING ANY LEGAL OR OTHERWISE PROFESSIONAL ADVICE OR SERVICE, AND NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, ARE GIVEN REGARDING THE LEGAL OR OTHER CONSEQUENCES RESULTING FROM THE USE OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION, CONTENT AND/OR FORMS.
GoSmallBiz, its advisors, agents, representatives, and employees are not engaged in the practice of law and cannot provide you with legal advice. Although GoSmallBiz expends great efforts and respects the confidential nature of the information you are submitting to us, NO SPECIAL RELATIONSHIP or privilege exists between GoSmallBiz and you, including but not limited to any Attorney-Client relationship that might exist had you consulted with a licensed attorney.
GoSmallBiz, its advisors, agents, representatives, and employees STRONGLY RECOMMEND that you consult a licensed attorney or accountant in the applicable jurisdiction.
GoSmallBiz is a document filing service and CANNOT provide you with legal or financial advice. The information on the website is designed to provide accurate and authoritative information in regard to the subject matter covered. It is presented with the understanding that GoSmallBiz is not engaged in rendering legal, accounting, or other professional services. If legal advice or other professional assistance is required, the services of a competent professional person should be sought. (From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations).
STATE AND FEDERAL FILING REQUIREMENTS
Unless you are a subscriber to the GoSmallBiz Annual Report Filing Service, GoSmallBiz is not responsible for advising or reminding you of any requirements or obligations, including, but not limited to, any required State or Federal filings, annual reports, taxes due, or other filing requirements. The sole responsibility of GoSmallBiz is the preparation of your requested form. Any requirements or obligations for the maintenance of your corporation, business entity, or other business services are NOT the responsibility of GoSmallBiz and are the sole responsibility of you. If you are a subscriber to the GoSmallBiz Annual Report Filing Service, be aware that our responsibilities are strictly limited to the services described in the offering. We strongly suggest that you send all correspondence to third parties via U.S. Certified Return Receipt Mail.
SUBMISSION OF CORRECT INFORMATION BY YOU
You agree that you are responsible for the spelling and other information forwarded to GoSmallBiz and that information is exactly as you desire for GoSmallBiz to perform the Services requested. Submission of credit card information via our website, via facsimile, or otherwise authorizes GoSmallBiz to charge your credit card for the Services.
PURCHASE OF SERVICES BY AGENT
You agree that, if an agent (e.g., an Internet Service Provider, employee, attorney, CPA, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein.
The information provided by our partner, TaxHotline, along with the website content is provided for informational purposes only and is not intended to be a substitute for tax or financial advice from a professional accountant. Presentation of the information via the Internet is not intended to create, and receipt does not constitute, an accountant-client relationship. Internet subscribers, users and online readers are advised not to act upon this information without seeking the service of a professional accountant. Any U.S. federal tax advice contained in this website is not intended to be used for the purpose of avoiding penalties under U.S. federal tax law.
GoSmallBiz, based on ongoing negotiations with third party providers, provides member benefits. Those benefits are subject to change at the discretion of the providers, and there can be no assurance that any particular member benefit will be available at a given time in the future. Changes in member benefits will be documented in the “Services” section of the site as soon as practical after we become aware of the changes. The member benefits will in some cases be limited versions of commercially available products or services. The versions that are offered for sale may include additional functionality and there may be related products or services that are available for a fee. When GoSmallBiz members choose to purchase an upgraded version or additional services, GoSmallBiz may be paid a referral fee.
Business Forms And Documents
Use of these forms and documents is not a substitute for legal advice. The information provided is intended for use within the United States and Canada only. Effort is made to keep the information on the Site accurate and up to date. However, there can be no guarantee that all the information on the Site is completely current or suitable for any particular legal situation. The law will vary depending on your jurisdiction and the specifics of your case. Because the law is a personal matter, the general information we provide cannot fit every circumstance. You are directed to consult a licensed lawyer in your area to get specific advice for your problem.
LINKS TO THIRD PARTY SITES
The links from our Site that go to other sites are for convenience only, and do not imply that we endorse or approve of those sites. We have no control over the content found on other sites and make no warranties as to the accuracy or adequacy of any information found at such sites are made. Similarly, we are not responsible for information found on or through our site which is generated by third parties. GoSmallBiz is not responsible for any loss, injury, claim, liability, or damage related to your use of the Site, whether from errors or omissions in the content of our Site or any other linked sites, from the Site being down or from any other use of the Site. Your use of these sites is at your own risk.
GOOGLE ADS BY GoSmallBiz
By using Google Ads by GoSmallBiz, you acknowledge and agree that GoSmallBiz may perform the following Google Ads Campaign Optimization services on your behalf:
- Ad copy writing/editing
- Keyword inclusion/exclusion
- Demographic (i.e., age, gender, HHI) targeting optimization
- Device (i.e., desktop, mobile, tablet) targeting optimization
- Ad scheduling (i.e., time & day optimization)
- Geo-location targeting optimization
- Manage/edit your monthly budget, but only with your consent. For instance, if you decide to spend $300/month, GoSmallBiz cannot increase that budget to $500/month but it may advise you to do so
- Process the payment of your Google advertising charges
Google Ads by GoSmallBiz cost and performance
You will be charged a $49.00 Set Up fee upon the initiation of your account. GoSmallBiz will provide you with a monthly statement of the amount charged by Google for its advertising services and for the GoSmallBiz Campaign Fee, equal to fifteen percent (15%) of your total monthly spend for your Google advertising. The amount charged by Google for your monthly advertising is exclusive of taxes and applicable regulatory operating or jurisdiction-specific fees or costs, as determined by Google, and you will be responsible for all such taxes, fees, or costs. GoSmallBiz will pay all the foregoing amounts on your behalf using the account information you provide upon registration for the Google Ads by GoSmallBiz service, or such other account you may provide to GoSmallBiz in a written notice.
If for any reason the account that you have provided to GoSmallBiz does not have sufficient funds to pay the invoiced amount, you may be assessed a Late Payment fee. Late payments bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less). You will also pay all reasonable expenses and legal fees GoSmallBiz or Google may incur in collecting late payments that are not disputed in good faith.
GoSmallBiz will provide you a monthly performance report that will include data on costs, clicks, and impressions at the Google advertising account level.
We want to provide Google advertising cost and performance reports in a way that makes it easy for you to access the reports, and we will do that via our website.
Google’s guide to working with third parties like us
We want you to know what you can expect when working with a third-party partner like us rather than directly with Google. Google has prepared a report, called the “Advertiser guide: Working with third parties, and you can see it by clicking on this link. Please read it so that you can know what to expect from us and your rights if you feel something is not going right.
Google Ads or AdWords Express customer IDs
We know that it is important for advertisers to have the ability to contact Google directly if you have concerns about us. To allow Google to properly investigate and assist you, we will provide you with the customer IDs for your Google Ads accounts upon request.
About Google’s policies
It's important that you familiarize yourself with and keep up to date on Google's policies.
About Google’s Advertising Program Monitoring policies
In order to evaluate and improve the quality of Google Advertising Programs, Google may monitor and record a sample of telephone calls, text messages, live chat, and other communications initiated through the Programs (e.g., click-to-call and click-to-message ads) (“Communications”).
Google has a set of “Supplemental Terms” that you will see within your Google account settings with regard to this monitoring process. Included in those terms are requirements that you notify anyone (that is anyone in your company, a potential customer, or anyone in between) who uses click-to-call and click-to-message ads, that this monitoring and recording may take place, that they are specifically consenting to Google doing so, and that if they do not want to participate, they may not be able to make use of the Communications.
Special Note Regarding the Health Insurance Portability and Accountability Act (“HIPAA”)
While you and your potential customers will always be given the opportunity to opt out of this monitoring process, you should be aware that if you are (or become) a Covered Entity or Business Associate under HIPAA or are advertising on behalf of a third party that is (or becomes) a Covered Entity or Business Associate under HIPAA, and you wish to proceed with use of Communication Features, you should not accept Google’s standard Supplemental Terms. Instead, you should reach out to your Google account representative or Google support to request exclusion from monitoring and recording of Communications.
Neither Google nor GoSmallBiz make any representations that these Communication Features satisfy HIPAA requirements.
Report a violation of third-party policy
Do you think we are violating this policy? Let Google know by going here: Report a violation of third-party policy
Last Updated: 03/03/2022