The Private Business Owner

An Online Publication by Generational Equity

Terms Of Service

Terms of Service

The following terms and conditions govern all use of the ThePrivateBusinessOwner.com and all content, services and products available at or through the ThePrivateBusinessOwner.com (collectively, the Website). The Website is owned and operated by Generational Equity, LLC (GEC). The Website is offered subject to your acceptance without modification of any of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, GEC’s Privacy Policy) and procedures that may be published from time to time on this Website by GEC (collectively, the Agreement).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the Website, you agree to be bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by GEC, acceptance is expressly limited to these terms. .

1. Responsibility of Contributors. If you comment on this blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, Content), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;

  • if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
  • you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
  • the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
  • the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
  • the Content is not pornographic, libelous or defamatory, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party; and
  • you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by GEC or otherwise.

By submitting Content to GEC for inclusion on the Website, you grant GEC a world-wide, royalty-free, and non-exclusive license to publish and syndicate the Content.

Without limiting any of those representations or warranties, GEC has the right (though not the obligation) to, in GEC’s sole discretion (i) refuse or remove any content that, in GEC’s reasonable opinion, violates any GEC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in GEC’s sole discretion.

2. Responsibility of Website Visitors. GEC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, GEC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. GEC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

3. Content Posted on Other Websites. GEC has provided links and pointers to Internet sites maintained by third parties, or non-GEC websites or webpages. Neither GEC, nor its parents or subsidiary companies, nor their affiliates operate or control in any respect any information, products or services on thes non-GEC websites or webpages. We have not reviewed, and cannot review, all of the material, including computer software, made available through the Website. GEC does not have any control over those non-GE websites and webpages, and is not responsible for their contents or their use. By linking to a non-GEC website or webpage, GE does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. GE disclaims any responsibility for any harm resulting from your use of non-GE websites and webpages.

4. Intellectual Property. This Agreement does not transfer from GEC to you any GE or third-party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with GEC. GEC’s logo, and all other trademarks, service marks, graphics and logos used in connection with the Website are trademarks or registered trademarks of GEC or GEC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any GEC or third-party trademarks.

5. Changes. GEC reserves the right, in its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes your acceptance of those changes. GE may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

6. Termination. GEC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement, you may simply discontinue using the Website. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

7. Disclaimer of Warranties. The Website is provided as is. GE and its guest authors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither GE nor its guest authors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted, that defects will be corrected, or that this Website, including bulletin boards, or the server that makes it available, are free from viruses or other harmful components. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. GE does not warrant or make any representations regarding the use or the results of the use of the materials in this Website or in non-GE websites or webpages in terms of their correctness, accuracy, timeliness, reliability, or otherwise. You (and not GE) assume the entire cost of all necessary maintenance, repair, or correction.

8. Limitation of Liability. In no event will GE, nor its guest authors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; or (iii) for interruption of use or loss or corruption of data. GE shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

9. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the GE Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

10. Indemnification. You agree to indemnify and hold harmless GE, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys fees, arising out of your use of the Website, including, but not limited to, your violation of this Agreement.

11. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, and may only be modified by a written amendment signed by GEC, or by the posting by GEC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Texas, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Collin County, Texas. Any dispute arising under this Agreement shall be resolved by binding arbitration conducted through the American Arbitration Association (“AAA”) in Collin County, Texas and shall take place in accordance with the Federal Arbitration Act (Title 9, U.S. Code). You agree not to initiate or threaten to initiate any complaint, claim, cause of action whatsoever in any public or private regulatory agency, in any state or federal court without first 1) submitting details of the dispute in writing to GE, 2) submitting the dispute to arbitration as provided herein and after obtaining a final, non appealable decision or award from the arbiter(s). Neither party shall be entitled to join or consolidate disputes by or against others in any arbitration, or to include in any arbitration any disputes as a representative or member of a class, or to act in any arbitration in the interest of the general public or in private attorney general capacity. Each party will be responsible for its own legal fees and the parties will split equally the cost of arbitration. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; GE may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.