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Welcome to Openbiz!
Openbiz is owned and operated by Openbiz LLC. These are theterms and conditions for:
These termsand conditions were last updated on November 14th, 2024
By using the website and services, you agree to be bound bythese terms and conditions and our privacy policy. In these terms andconditions, the words “website” refer to the Openbiz website, “we”, “us”, “our”and “Openbiz” refer to Openbiz LLC and “you” “client” and “user” refer to you,the Openbiz user. The following terms and conditions (“Terms” or “Agreement”)apply to the website and services offered by Openbiz. This includes the mobileand tablet versions as well as any other version of Openbiz accessible viadesktop, mobile, tablet, social media or other devices. READ THESE TERMS ANDCONDITIONS CAREFULLY BEFORE USING OR OBTAINING ANY INFORMATION OR SERVICE FROMOPENBIZ.
1. ACCEPTANCE OF TERMS
This Agreement sets forth legally binding Terms for your use ofOpenbiz. By using the website and services, you agree to be bound by thisAgreement. If you do not agree to the Terms of this Agreement, you must not usethe website and services. We may modify this Agreement from time to time, andsuch modification shall be effective upon posting on the website. You agree tobe bound by any modifications to these Terms and conditions when you use thewebsite and the services offered on the website after such modification isposted on the website; therefore, it is important that you review thisAgreement regularly. If you are using the services on behalf of your employeror another entity, you represent and warrant that you have full legal authorityto bind your organization to these Terms. Accordingly, all references in thesetTerms to “you” or “user” shall be deemed to include your organization, exceptwhere the context may otherwise require. If you do not have such authority,then you may not use the service on behalf of your organization and you mustdiscontinue all use of the service immediately. The services are not directedto persons under the age of 18. Openbiz does not knowingly collect informationfrom persons under the age of 18 or allow them to create an account or accessthe features of the Services on their own. If you are under the age of 18,please do not submit any personal information about yourself to Openbiz unlessyou have proper permission from the appropriate parent or legal guardian. It isthe responsibility of parents and legal guardians to determine whether any ofthe content and services offered on the website is appropriate for theirchildren or minors under their guardianship. Openbiz may, in its solediscretion, refuse to offer the services to any entity or user and change itseligibility criteria at any time. This provision is void where prohibited bylaw and the right to access the service and the website is revoked in suchjurisdictions. The website and services may only be used in compliance withthese Terms and all applicable local, state, national and international laws,rules and regulations. By using the website and services, you represent andwarrant that you have the full right, power and authority to enter into thisAgreement and to fully perform all of your obligations hereunder. You furtherrepresent and warrant that you are under no legal disability or contractualrestriction that prevents you from entering into this Agreement.
2. ACCOUNT
If you register with Openbiz, you will be asked to choose apassword and user name and may be asked for additional information such as youremail address. You are responsible for maintaining the confidentiality of yourpassword and account information, and are fully responsible for all activitiesthat occur under your password or account. You agree to (a) immediately notifyOpenbiz of any unauthorized use of your password or account or any other breachof security, and (b) ensure that you log out of your account at the end of eachsession. You may never use another user’s account without Openbiz’ priorauthorization. Openbiz will not be liable for any loss or damage arising fromyour breach of this Agreement. Users may cancel their accounts at any time andfor any reason by sending us their request through our contact information. Ifyou voluntarily terminate your account or allow your account to lapse, you mayreactivate that account at any time by logging in to the service through thewebsite and reactivating the account. There may be a fee associated with suchreactivation. Accounts terminated by Openbiz for any type of abuse including,without limitation, a violation of these Terms, may not be reactivated for anyreason. Openbiz may at any time terminate your account if:
● Openbiz determines that you are (i) in breach of or otherwiseacting inconsistently with these Terms or (ii) engaging in fraudulent orillegal activities or other conduct that may result in liability to Openbiz;
● Openbiz determines it is required by law to terminate youraccount; or
● Openbiz decides to stop providing the service.
3. NOTIFICATIONS AND NEWSLETTER
By providing Openbiz with your email address and telephonenumber, you agree that we may use your email address to send you importantnotifications and communications about our services, news and special content.If you do not wish to receive these emails, you may opt-out of receiving themby sending us your request through our contact information or by using the“unsubscribe” option in the emails. Opting out may prevent you from receivingemails regarding our services, important news and special content.
4. SPECIAL SERVICE CONDITIONS
● Once the company formation process is complete, we cannotrefund.
● When a government agency (such as the Secretary of State, IRS orother agencies) is reviewing documents, we cannot refund.
● If you are dissatisfied with services outside of our website(e.g. third party service providers), we will not be able to refund.
5. PLANS
Openbiz offers the following plans:
● Starter Plan
● Professional Plan
● FullCompliance Plan
When a user makes a purchase of a plan, the user agrees anddeclares to purchase the plan for the price advertised on the website at thetime of purchase. Please check the price and features of each plan beforeordering. When a user makes a plan purchase, Openbiz will send a confirmationemail. This confirmation email will occur automatically so that the user hasconfirmation of payment and plan initiation. If the user does not receive theconfirmation email when purchasing and signing up for the plan, it may havebeen sent to their spam folder. Openbiz may cancel the sale of any plan and maychange or discontinue the availability of plans at any time at its solediscretion. If a plan purchase is cancelled, any payments made for theapplicable billing period will be refunded. This does not affect your statutoryrights. Plans may include automatic recurring payments. You authorize Openbizto renew your plan and to charge you periodically and progressively on eachbilling date. The plan billing date is the date you purchase the plan and makeyour first payment. On the applicable billing date, you will automatically becharged the applicable plan fee. The plan will remain active until you cancelit or we terminate it. You must cancel your plan before it renews to avoid thenext billing period. We will bill you for the plan billing fee in the paymentmethod you choose during plan registration and purchase. Plans willautomatically renew for an additional period unless cancelled before the nextbilling period. To cancel plans, users must submit a cancellation requestthrough our contact information and the plan will be cancelled for the nextbilling period. If a plan is cancelled, the user will be able to continue usingthe payment functions of the services until the next billing period, at whichtime the plan will be cancelled definitively.
6. PAYMENTS
The plans will be paid through Stripe (payment processoravailable on the website). Payment will be charged to your credit or debit cardimmediately upon payment of the applicable plan fee. Upon processing atransaction, we will issue an electronic receipt that will be sent to the emailaddress you provided to us at the time you purchased a plan. The email andtransaction receipt may be sent through the payment processor available fromOpenbiz. If you find any inconsistency in your billing, please contact usthrough our contact information or you can make the claim through the clientservice of the corresponding payment platform. If your card is declined, youwill receive an error message. No payment will be charged to your card and noorder will be processed. There may be a pending transaction on your accountuntil your card issuing bank withdraws the authorization. This usually takes 2to 5 business days. Your card may be declined for various reasons such asinsufficient funds, AVS (Address Verification System) mismatch or you haveentered an incorrect security code. If your payment is declined, you mustprovide an alternative payment method or provide another card where payment canbe charged and processed. Your payment information will be treated and storedwith total security and for the sole purpose of processing the purchase ofservices. Openbiz reserves the right to hire any payment platform available onthe market, which treats your data for the sole purpose of processing thepurchase of services.
7. DISCLAIMER
Openbiz provides its services as an intermediary to carry outlegal and banking procedures in the United States of America, for which ithires services from third parties located in the country, without being part ofany consortium, government entities, state entities, or any other kind ofentities that grant registration rights to companies in the United States; nordoes it have any alliances, commercial partnership or direct relationship withbanking entities in the country. Openbiz does not provide or intend to provideany kind of service, advice or fiscal or legal consultancy to its clients andusers. All information published in this regard is for public knowledge only.By purchasing or engaging the services of Openbiz, you agree that Openbiz doesnot guarantee any profit results, success or failure of the services providedby Openbiz. Openbiz is not responsible for any losses or benefits that our clientsmay suffer or obtain that are directly or directly related to the provision ofour services. The client acknowledges that the ultimate success or failure ofthe services provided by Openbiz will be the result of each client’s particularsituation beyond the control of Openbiz. By accessing the website and thecontent available on the website (blog), you accept personal responsibility forthe results of using the information available on the content. You agree that Openbiz has not guaranteed theresults of any actions taken, whether or not advised by this website or thecontent. Openbiz provides resources and content for informational purposesonly. We do not guarantee that the information available on the website isaccurate, complete or updated.
THE CONTENT OF THIS WEBSITE IS PROVIDED FOR GENERAL INFORMATIONAND SHOULD NOT BE TAKEN AS A LEGAL, TAX,PROFESSIONAL, OR FINANCIAL ADVICE. THE INFORMATION PROVIDED ON THIS SITE IS FORGENERAL INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL, TAX, OR FINANCIALADVICE. OPENBIZ IS NOT A LAW FIRM, AND THE SERVICES WE OFFER ARE NOT ASUBSTITUTE FOR THE ADVICE OF AN ATTORNEY, ACCOUNTANT, OR OTHER QUALIFIEDPROFESSIONAL. FOR SPECIFIC LEGAL OR TAX ADVICE, PLEASE CONSULT A QUALIFIEDATTORNEY OR FINANCIAL ADVISOR. USE OF THIS WEBSITE AND OUR SERVICES DOES NOTCREATE AN ATTORNEY-CLIENT OR PROFESSIONAL-CLIENT RELATIONSHIP. ANY USE OF THE MATERIAL PROVIDED ON THISWEBSITE IS AT YOUR OWN RISK.
8. THIRD-PARTY MATERIALS.
“Third-Party Materials” means any content, images, videos, textsor other material that is owned by a third party, such as stock images, videosand texts. Such Third-Party Materials are subject to the applicable third-partyterms and licenses, and may only be used as permitted by such terms and licenses.
9. COPYRIGHT
All materials on Openbiz, including, without limitation, names,logos, trademarks, images, text, columns, graphics, videos, photographs,illustrations, software and other elements are protected by copyrights,trademarks and/or other intellectual property rights owned and controlled byOpenbiz or by third parties that have licensed or otherwise provided theirmaterial to the website. You acknowledge and agree that all materials onOpenbiz are made available for limited, non-commercial, personal use only.Except as specifically provided herein. No material may be copied, reproduced,republished, sold, downloaded, posted, transmitted, or distributed in any way,or otherwise used for any purpose, by any person or entity, without Openbiz priorexpress written permission. You may not add, delete, distort, or otherwisemodify the material. Any unauthorized attempt to modify any material, to defeator circumvent any security features, or to utilize Openbiz or any part of thematerial for any purpose other than its intended purposes is strictlyprohibited.
10. COPYRIGHT INFRINGEMENT
Openbiz will respond to all inquiries, complaints and claimsregarding alleged infringement for failure to comply with or violation of theprovisions contained in the Digital Millennium Copyright Act (DMCA). Openbizrespects the intellectual property of others, and expects users to do thesame. If you believe, in good faith,that any material provided on or in connection with the Openbiz platforminfringes your copyright or other intellectual property right, please send usyour copyright infringement request pursuant to Section 512 of the DigitalMillennium Copyright Act (DMCA), via our contact information, with thefollowing information:
● Identification of the intellectual property right that isallegedly infringed. All relevant registration numbers or a statement regardingownership of the work should be included.
● A statement that specifically identifies the location of theinfringing material, in sufficient detail so that Openbiz can find it on thewebsite.
● Your name, address, telephone number and email address.
● A statement by you that you have a good faith belief that theuse of the allegedly infringing material is not authorized by the copyrightowner, or its agents, or by law.
● A statement by you, made under penalty of perjury, that theinformation in your notification is accurate, and that you are the copyrightowner or authorized to act on its behalf.
● An electronic or physical signature of the copyright owner or ofthe person authorized to act on the copyright owner’s behalf.
11. CONFIDENTIAL INFORMATION
Information provided by our customers through our services willbe treated as confidential information and will be used solely for the purposeof providing our services properly. Openbiz will protect such confidentialInformation from disclosure to third parties by employing the same degree ofcare used to protect its own confidentiality or proprietary information ofsimilar importance. If necessary to carry out a prospective businessrelationship, Openbiz may disclose confidential information received pursuantto our services to employees and/or consultants with a need to know, providedthat the consultants are obligated to protect such confidential information fromunauthorised use and disclosure. Confidential information shall not bedisclosed to any third party without the prior written consent of the customerwho is the owner of the information.
12. PERSONAL DATA
Any personal information you post or submit in connection withthe services and use of the website will be used in accordance with our privacypolicy. By using the services, you agree that we may collect and store yourpersonal information. Please see our privacy policy.
13. PROHIBITED ACTIVITIES
The content and information available on the website (including,but not limited to, data, information, text, music, sound, photos, graphics,video, maps, icons or other material), as well as the infrastructure used toprovide such Content and information, is proprietary to Openbiz or licensed tothe Openbiz by third parties. For all content other than your content, youagree not to otherwise modify, copy, distribute, transmit, display, perform,reproduce, publish, license, create derivative works from, transfer, or sell orre-sell any information, software or services obtained from or through thewebsite. In addition, the following activities are prohibited:
● Access, monitor, reproduce, distribute, transmit, broadcast,display, sell, license, copy or otherwise exploit any content of the services,including but not limited to, using any robot, spider, scraper or otherautomated means or any manual process for any purpose not in accordance withthis Agreement or without our express written permission.
● Violate the restrictions in any robot exclusion headers on theservices or bypass or circumvent other measures employed to prevent or limitaccess to the services.
● Take any action that imposes, or may impose, in our discretion,an unreasonable or disproportionately large load on our infrastructure.
● Deep-link to any portion of the services for any purpose withoutour express written permission.
● “Frame”, “mirror” or otherwise incorporate any part of theservices into any other websites or service without our prior writtenauthorization.
● Attempt to modify, translate, adapt, edit, decompile,disassemble, or reverse engineer any software programs used by Openbiz inconnection with the services.
● Circumvent, disable or otherwise interfere with security-relatedfeatures of the services or features that prevent or restrict use or copying ofany content.
● Download any content unless it’s expressly made available fordownload by Openbiz.
14. DISCLAIMER OF WARRANTIES
Because of the nature of the Internet Openbiz provides and maintainsthe website on an “as is”, “as available” basis and makes no promise that useof the website will be uninterrupted or entirely error free. We are notresponsible to you if we are unable to provide our Internet services for anyreason beyond our control. Our website may from time to time contain links toother websites which are not under the control of and are not maintained by us.These links are provided for your convenience only and we are not responsiblefor the content of those sites. Except as provided above we can give no otherwarranties, conditions or other terms, express or implied, statutory orotherwise and all such terms are hereby excluded to the maximum extentpermitted by law. You will be responsible for any breach of these Terms by youand if you use the website in breachof these Terms you will be liable to and will reimburse Openbiz for any loss ordamage caused as a result. Openbiz will not be liable in any amount for failureto perform any obligation under this Agreement if such failure is caused by theoccurrence of any unforeseen event beyond its reasonable control includingwithout limitation Internet outages, communications outages, fire, flood, waror act of God. These Terms do not affect your statutory rights as a consumer whichare available to you. Subject as aforesaid, to the maximum extent permitted bylaw, Openbiz excludes liability for any loss or damage of any kind howsoeverarising, including without limitation any direct, indirect or consequentialloss whether or not such arises out of any problem you notify to Openbiz andOpenbiz shall have no liability to pay any money by way of compensation,including without limitation all liability in relation to:
● Any incorrect or inaccurate information on the website.
● The infringement by any person of any Intellectual PropertyRights of any third party caused by their use of the website or servicepurchased through the website.
● Any loss or damage resulting from your use or the inability touse the website or resulting from unauthorized access to, or alteration of yourtransmissions or data in circumstances which are beyond our control.
● Any loss of profit, wasted expenditure, corruption ordestruction of data or any other loss which does not directly result fromsomething we have done wrong.
● Any amount or kind of loss or damage due to viruses or othermalicious software that may infect a user’s computer equipment, software, dataor other property caused by persons accessing or using content from the websiteor from transmissions via emails or attachments received from Openbiz.
● All representations, warranties, conditions and other termswhich but for this notice would have effect.
15. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Openbiz for failed,partial or garbled computer transmissions, for any computer, telephone, cable,network, electronic or internet hardware or software malfunctions, failures,connections, availability, for the acts or omissions of any Cleaner User,internet accessibility or availability or for traffic congestion orunauthorized human act, including any errors or mistakes.
16. INDEMNIFICATION ANDLIMITATION OF LIABILITY
You agree to defend and indemnify Openbiz, its affiliates,agents, representatives and employees (“Openbiz Parties”) from and against anyclaims, causes of action, demands, recoveries, losses, damages, fines,penalties or other costs or expenses of any kind or nature including but notlimited to reasonable legal and accounting fees, brought by third parties as aresult of:
● Your breach of this Agreement or the documents referencedherein.
● Your violation of any law or the rights of a third party.
● Your use of the services.
TO THE EXTENT PERMITTED BY LAW: (I) IN NO EVENT WILL THE OPENBIZPARTIES BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, DIRECT,INDIRECT, OR PUNITIVE DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT(INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOTOPENBIZ HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE; AND (II) IN NOEVENT WILL THE AGGREGATE LIABILITY OF THE OPENBIZ PARTIES, FOR ANY AND ALLCLAIMS RELATING TO THIS WEBSITE AND/OR THE SERVICES OFFERED HEREUNDER, WHETHERIN CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, EXCEED THE FEES PAID BY YOUFOR THE SERVICES.
17. CHANGES AND TERMINATION
We may change the website and these Terms at any time, in oursole discretion and without notice to you. You are responsible for remainingknowledgeable about these Terms. Your continued use of the site constitutesyour acceptance of any changes to these Terms and any changes will supersedeall previous versions of the Terms. Unless otherwise specified herein, allchanges to these Terms apply to all users take effect. Furthermore, we mayterminate this Agreement with you under these Terms at any time by notifyingyou in writing (including by email) or without any warning.
18. ASSIGNMENT
This Agreement and any rights and licenses granted hereunder,may not be transferred or assigned by you, but may be assigned by Openbizwithout restriction.
19. NO PARTNERSHIP
You agree that no joint venture, partnership, employment, oragency relationship exists between you and Openbiz as a result of these Termsor your use of the services.
20. INTEGRATION CLAUSE
This Agreement together with the privacy policy and any other legal notices published by Openbiz, shallconstitute the entire agreement between you and Openbiz concerning and governsyour use of the website and the services.
21. DISPUTES
The user agrees that any dispute, claim or controversy arisingout of or relating to these Terms and conditions, or the breach, termination,enforcement, interpretation or validity thereof or the use of the services, shallbe resolved by binding arbitration between the user and Openbiz, provided thateach party retains the right to bring an individual action in a court ofcompetent jurisdiction. In the event of a dispute arising in connection withthe use of the services or the breach of these conditions, the parties agree tosubmit their dispute to arbitration resolution before a reputable arbitrationorganization as mutually agreed by the parties and in accordance withapplicable commercial arbitration rules. You agree to initiate a formal disputeproceeding by sending us a communication through our contact information.Openbiz may choose to send you a written offer after receiving your initialcommunication. If we offer and send you a settlement offer and you do not acceptthe offer, or we are unable to resolve your dispute satisfactorily and you wishto continue with the dispute process, you must initiate the dispute resolutionprocess before an accredited arbitration organization and file a separateDemand for Arbitration. Any award rendered by the arbitration tribunal shall befinal and conclusive on the parties. To the fullest extent permitted by law,you agree that you will not file, join or participate in any class actionlawsuit in connection with any claim, dispute or controversy that may arise inconnection with your use of the website and services. The courts of the UnitedStates, specifically the courts located in the State of Florida, shall havejurisdiction over any dispute, controversy or claim relating to Openbiz and itsbusiness operations. Any such dispute or controversy shall be brought andresolved in the courts of the United States, specifically the courts located inthe State of Florida.
22. FINAL PROVISIONS
These Termsare governed by the laws of the United States. Use ofthe website and services are not authorized in any jurisdiction that does notgive effect to all of the provisions of these Terms. Our performance of theseTerms is subject to existing laws and legal process, and nothing contained in theseTerms limits our right to comply with law enforcement or other governmental orlegal requests or requirements relating to your use of our website orinformation provided to or gathered by us with respect to such use. If any partof these Terms is found to be invalid, illegal or unenforceable, the validity,legality and enforceability of the remaining provisions will not in any way beaffected or impaired. Our failure or delay in enforcing any provision of theseTerms at any time does not waive our right to enforce the same or any otherprovision(s) hereof in the future. Any rights not expressly granted herein arereserved.
23. CONTACT INFORMATION
If you have questions or concerns about these Terms, pleasecontact us through our contact page or via the contact information below:
Openbiz LLC.
Email: info@openbiz.io