Terms and Conditions

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TERMS OF USE

PLEASE READ THE FOLLOWING TERMS OF USE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS, INCLUDING THOSE INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE OUR SITE OR SERVICES.

EFFECTIVE DATE: JANUARY 1, 2017.

Acceptance of This Terms of Use Agreement

This terms of use agreement ("Agreement") is a legally binding contract that governs the relationship with Users and others who may correspond or connect with 123BizPlan LLC ("123BizPlan"), located at 4730 South Fort Apache Road, Suite 300, Las Vegas, NV 89147, in association with the use of 123BizPlan’s services and website, http://www.123BizPlan.com/ ("Site").

BY ACCESSING THIS SITE OR REGISTERING AS A USER, YOU ACKNOWLEDGE AND ELECTRONICALLY ACCEPT THIS AGREEMENT, THE PRIVACY POLICY, AND ALL ASSOCIATED AGREEMENTS.

Description of Services Offered

The Site is a website which offers the following "Services":

  1. Access to 123Bizplan's software on its Site to develop a business plan for a User's business; and
  2. Optional fee-based access to additional features 123Bizplan provides on its Site to enhance and customize a User's business plan.

When a Site visitor creates a profile through the Site’s registration process, the Site visitor becomes a "User" of the Services. A Site visitor, even if unregistered, is deemed a User.

User acknowledges and agrees that the Services provided and made available through the Site and any applications--which may include some mobile applications and that those applications may be made available on various social media networking sites and numerous other platforms and downloadable programs--are the sole property of 123BizPlan. At 123BizPlan's sole discretion, it may offer additional Services and/or products, or update, modify, or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified, or revised Services unless specified. 123BizPlan reserves the right to cancel and cease offering any of the Services and/or products. You, as the User, acknowledge, accept, and agree that 123BizPlan shall not be held liable for any such updates, modifications, revisions, suspensions, or discontinuance of any Services and/or products. Your continued use of the Services provided constitutes your acceptance of such updates, changes and/or modifications. As such, you should regularly review this Agreement so you are aware of all current terms and policies. If you disagree with any of the updated, modified, revised, or modified terms, you must stop using the provided Services.

User understands and agrees that the Services are provided "AS IS" and, as such, 123BizPlan shall not assume any responsibility or obligation for the timeliness, missed delivery, deletion, and/or any failure to store User content, communication, or personalization settings.

Registration

To register and become a User, you must create a user profile ("Profile"). Also, you must be 18 years of age. Additionally, you must be in good standing and not an individual that has been previously prohibited from using or receiving 123BizPlan's Services under United States or other applicable law.

Furthermore, User acknowledges, understands, and agrees to:

  1. furnish factual, correct, current, and complete information as requested by the registration process; and
  2. update your registration and Profile information (collectively, "Data") as needed to maintain accuracy and completeness at all times.

If anyone provides any false, untrue, inaccurate, or incomplete Data, 123BizPlan will have sufficient grounds and rights to suspend or terminate the User, and, in 123BizPlan’s sole discretion, refuse any or all current or future use of 123BizPlan Services

123BizPlan is committed to the safety and privacy of all its Users.

Privacy Policy

Every User's Data is strictly protected by 123BizPlan's Privacy Policy [https://www.123bizplan.com/Site/PrivacyPolicy.html]. As a User, you authorize the collection and use of your Data pursuant to the Privacy Policy.

User Account, Username, Password, and Security

During the registration process and creating a Profile, you will be required to provide a unique personal identifier ("Username") and "Password" to securely access your Data. You are responsible for safeguarding your Password and for all activities that occur with your Data. You must notify 123BizPlan immediately if you suspect any unauthorized access or use of your Profile, Data, or Password or any other breach of security. You shall not hold 123BizPlan liable for any loss and/or damage arising from your failure to comply with this and all provisions of this Agreement.

Conduct

As a User, you acknowledge, understand, and agree that all information, text, software, data, photographs, music, video, messages, tags, and/or any all other content (collectively, "Content"), whether publicly or privately posted and/or transmitted, is your sole responsibility. This means that you are solely responsible for all Content posted, uploaded, emailed, transmitted, or otherwise made available by way of you use of 123BizPlan’s Services, and, as such, we do not guarantee the accuracy, integrity, or quality of such Content. You also understand you may be exposed to content including any errors or omissions in any content posted, and/or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available by 123BizPlan's other Users.

Furthermore, shall not use 123BizPlan's Services for:

  1. uploading, posting, emailing, transmitting, or otherwise making available any Content that 123BizPlan, in its sole discretion, deems unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or which is hateful, and/or racially, ethnically, or otherwise objectionable;
  2. causing harm to minors in any manner;
  3. impersonating any individual or entity or otherwise misrepresenting any affiliation with an individual or entity;
  4. forging captions, headings, or titles, or otherwise offering any Content that you personally have no right to;
  5. uploading, posting, emailing, transmitting, or otherwise offering any Content that may infringe upon any proprietary or intellectual rights of any other party;
  6. uploading, posting, emailing, transmitting or otherwise offering any Content that you do not personally have any right to;
  7. uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of solicitation, except as 123BizPlan provides;
  8. uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;
  9. disrupting the normal flow of communication, or otherwise acting in any manner that negatively affects other Users' ability to participate in any interactions;
  10. interfering with or disrupting any 123BizPlan Services, servers, and/or networks that may be connected or related to the Site, including the use of any device, software, and/or routine to bypass the robot exclusion headers;
  11. intentionally or unintentionally violating any local, state, federal, national, or international law;
  12. providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a "foreign terrorist organization" in accordance with the Immigration Nationality Act § 219;
  13. "stalking" with the intent to otherwise harass another individual; and/or
  14. collecting or storing any personal data relating of any other User regarding the aforementioned prohibited conduct and/or activities.

123BizPlan reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the AGREEMENT or which would otherwise be considered offensive to other Users.

123BizPlan reserves the right to access, preserve, and/or disclose Data and/or Content if it is deemed reasonably necessary for:

  1. compliance with any court order or legal process;
  2. enforcement of the Agreement;
  3. responding to any claim that t contained content is in violation of the rights of any third party;
  4. responding to requests for customer service; or
  5. protecting the rights, property, or the personal safety of 123BizPlan or its Users.

123BizPlan reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by 123BizPlan or any other content providers supplying content services to 123BizPlan. You shall not attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, shall not engage in unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, in whole or in part.

Interstate Communication

Upon registration, you acknowledge that by using the Site to send electronic communications, which includes, without limitation, email, searches, instant messages, uploading of files, photos, and/or videos, you are causing communications to be sent through our network. Therefore, through your use, and thus your agreement with this Agreement, you are acknowledging that the use of this Service shall result in interstate transmissions

Cautions for Global Use and Export and Import Compliance

Due to the global nature of the internet, through the use of the Site and its network, you agree to and shall comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of the Site and its network, you agree to and shall comply with all applicable export and import laws, statutes and regulations, including the Export Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).

Furthermore, you state and pledge that you:

  1. are not on the list of prohibited individuals who may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm), and not a User of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
  2. agree not to transfer any software, technology, or any other technical data through the use of our network Services to any export-prohibited country;
  3. agree not to use our Site or Services for any military, nuclear, missile, chemical, or biological weaponry end uses that would be a violation of the U.S. export laws; and
  4. agree not to post, transfer, or upload any software, technology, or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.

Content Placed or Made Available for Company Services

123BizPlan shall not lay claim to ownership of any User Content or make such Content available for the Site or Services. Therefore, you hereby grant and allow 123BizPlan the following worldwide, royalty-free and non-exclusive licenses, as applicable:

  1. For Content, including photos, audio, video, and/or graphics, submitted or made available on the Site's publicly accessible areas, the license provided to permit to use, distribute, reproduce, modify, adapt, publicly perform, and/or publicly display said Content on our Site is for the sole purpose of providing and promoting the specific area to which the Content was placed and/or made available for viewing. This license is irrevocable so long as you are a User; however, you may opt to terminate this license if you delete your account.
  2. For any other Content submitted or made available for inclusion on the Site's publicly accessible areas, the continuous, binding, and completely sub-licensable license which is meant to permit to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and/or publicly display said content, whether in whole or in part, and the incorporation of any such Content into other works in any arrangement or medium currently used or later developed.

The "publicly accessible" areas of the Site are available to the general public, including Users. However, those areas which are for Users only, such as messaging systems, are not accessible to the public.

Contributions to Company Website

123BizPlan provides an area for Users to provide feedback to our Site. When you submit ideas, documents, suggestions, and/or proposals (collectively, "Contributions") to our Site, you acknowledge and agree that:

  1. your Contributions do not contain any type of confidential or proprietary information;
  2. 123BizPlan shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
  3. 123BizPlan shall be entitled to make use of and/or disclose any such Contributions in any such manner as it sees fit;
  4. the User's Contributions shall automatically become the sole property of 123BizPlan; and
  5. 123BizPlan is under no obligation to either compensate or provide any form of reimbursement in any manner or nature

Indemnification

All Users agree to and shall insure, defend, and hold 123BizPlan, its affiliates, agents, employees, officers, partners, and/or licensors harmless for any claim or demand including reasonable attorney fees made by any third party, which may arise from any Content a User of the Site may submit, post, modify, transmit, or otherwise make available through our Site, the use of 123BizPlan’s Services, or your connection with these Services, your violations of this Agreement, and/or your violation of any such rights of another person.

Commercial Reuse of Services

TThe User shall not replicate, duplicate, copy, trade, sell, resell, exploit for any commercial reason any part, use of, or access to the Site.

Use and Storage General Practices

You acknowledge that 123BizPlan may set up any such practices and/or limits regarding the use of our Services. In addition, 123BizPlan has no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or Content maintained or transmitted by our Services. You also acknowledge that 123BizPlan reserves the right to delete or remove any Profile that is inactive for an extended period of time. Furthermore, 123BizPlan, in its sole discretion, reserves the right to modify, alter, and/or update these general practices and limits.

Any messenger service, which may include any web-based versions, shall allow you and the individuals with whom you communicate the ability to save your conversations in your Profile located on 123BizPlan's servers. In this manner, you will be able to access and search your message history from any computer with internet access. You also acknowledge that others have the option to use and save conversations with you in their Profile. Your use and access of this Site is your acceptance of this Agreement and establishes your consent to allow 123BizPlan to store any and all communications on its servers.

Modifications

123BizPlan reserves its right to modify, alter and/ or discontinue our service at any time without prior notice. In addition, 123BizPlan shall not be held liable to you or to any third party for any such alteration, modification, suspension, and/or discontinuance of our Site or Services, or any part thereof.

Termination

As a User of the Site, you may terminate your Profile and access to our Services by selecting the appropriate option in your Profile.

As a User, you agree that 123BizPlan may, without any prior written notice, immediately suspend, terminate, discontinue, and/or limit your account, any email associated with your account, and access to any Services. The cause for such termination, discontinuance, suspension, and/or limitation of access includes, without limitation:

  1. any breach or violation of this Agreement or any other incorporated agreement, regulation, or guideline;
  2. by way of requests from law enforcement or any other governmental agencies;
  3. the discontinuance, alteration, and/or material modification to our Services, or any part thereof;
  4. unexpected technical or security issues or problems;
  5. any extended periods of inactivity;
  6. any engagement by you in any fraudulent or illegal activities; and/or
  7. the nonpayment of any associated fees that may be owed by you in connection with your the Site or Services.

Furthermore, you agree that any and all terminations, suspensions, discontinuances, and/or access restrictions shall be made at 123BizPlan’s sole discretion and that we shall not be liable to you or any other third party regarding any change in your access to the Site or any Services.

The termination of your Profile for cause shall include any and/or all of the following:

  1. the removal of any access to all or part of the Services offered within the Site;
  2. the deletion of your Data, including your password and any and all related information, files, and any such Content that may be associated with or inside your Profile, or any part thereof; and
  3. the barring of any further use of all or part of our Services.

Advertisers and Business Partners

Any correspondence or business dealings with, or the participation in any promotions of, advertisers and/or business partners located through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty, and/or representation associated with such dealings, are and shall be solely between you and any such advertisers and/or business partners. Moreover, you agree that 123BizPlan shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers and/or business partners on the Site.

Links

Either 123BizPlan or any third parties may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse, and we are not responsible or liable for any content, products, advertising, or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that 123BizPlan shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods, or Services made available on or through any such site or resource.

Proprietary Rights

You acknowledge and agree that 123BizPlan’s Services and any software that may be used in connection with our Services ("Software") shall contain proprietary and confidential material that is protected by applicable intellectual property rights and other laws. Furthermore, you acknowledge and agree that any Content which may be contained in any advertisements or information presented by and through our Services or by advertisers and/or business partners is protected by applicable intellectual property rights and other laws. As such, you shall not alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform, and/or created any plagiaristic works which are based on 123BizPlan's Services (e.g. Software), in whole or in part.

123BizPlan has granted you personal, non-transferable and non-exclusive license to use our Software for a single profile, as long as you do not, and shall not, allow any third party to duplicate, alter, modify, create, or plagiarize work from, reverse engineer, reverse assemble, or otherwise make an attempt to locate or discern any source code, sell, assign, sublicense, grant a security interest in, and/or otherwise transfer any such right in the Software. Furthermore, you shall not change the Software in any manner, nature, or form, and not use any modified versions of the Software, including for the purpose of obtaining unauthorized access to our Services. Lastly, you also agree and shall not access or attempt to access our Services through any means other than through the interface which 123BizPlan provides in accessing the Services.

WARRANTY DISCLAIMERS

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

  1. THE USE OF 123BIZPLAN SERVICES, THE SITE, AND SOFTWARE ARE AT YOUR OWN SOLE RISK. THE SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND/OR "AS AVAILABLE" BASIS. 123BIZPLAN AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
  2. 123BIZPLAN AND OUR OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICESNSORS MAKE NO SUCH WARRANTIES THAT: (i) 123BIZPLAN SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) 123BIZPLAN SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE 123BIZPLAN SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION, OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
  3. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAIN THROUGH 123BIZPLAN SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION REGARDING ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
  4. NO ADVICE AND/OR INFORMATION, EITHER WRITTEN OR ORAL, THAT YOU MAY OBTAIN FROM 123BIZPLAN OR THROUGH OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
  5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE SOME DEGREE OF EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED ELILEPTIC SYMPTOM IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED VISON, EYE OR MUSCLE TWITCHES, LOSS OF AWARNESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.

LIMITATION OF LIABILITY

YOU EXPLICITY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT 123BIZPLAN AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTIAL, SPECIAL, CONSEQUENIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA, AND/OR OTHER INTANGILBE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR AND RESULT FROM:

  1. THE USE OR INABILITY TO USE OUR SERVICE;
  2. THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
  3. UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
  4. STATEMENTS OR CONDUCT OF ANY SUCH THRID PARTY REGADING OUR SERVICES;
  5. AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICES.

EXCLUSION AND LIMITATIONS

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. AS SUCH, SOME OF THE ABOVE SECTIONS OF WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.

Third Party Beneficiaries

You acknowledge, understand, and agree, unless otherwise expressly provided in this Agreement, this Agreement does not create any rights for or in any third-party beneficiaries.

Notices

123BizPlan may furnish you with notices, including those with regards to any changes to the Agreement, including email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be later developed. Such notices may not be received if you use the Site Services in an unauthorized manner in violation of this Agreement. Your acceptance of this Agreement constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Site and/or Services in an authorized manner.

Trademark Information

You acknowledge, understand and agree that all of the 123BizPlan trademarks, copyright, trade name, service marks, and other 123BizPlan logos and any brand features, and/or product and service names are trademarks and, as such, are and shall remain the property of 123BizPlan. You agree not to display and/or use the 123BizPlan logo or marks in any infringing manner.

Intellectual Property Infringement Claims Notices & Procedures

123BizPlan will always respect the intellectual property of others, and we ask the same of all our Users. In the appropriate circumstances and at its sole discretion, 123BizPlan may disable and/or terminate the accounts of any User who repeatedly violates the Agreement and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute intellectual property rights infringement, or if you believe such rights have been otherwise violated, please send the following to us at our contact information listed at the end of this Agreement:

  1. The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
  2. A description of the copyrighted work or other intellectual property that you believe has been infringed;
  3. A description of the location of the site you allege has been infringing upon your work;
  4. Your mailing address, telephone number, and email address;
  5. A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents, or the law; and
  6. A statement, made under penalty of perjury, that the aforementioned information in your notice is the truth and accurate, and that you are the intellectual property owner, representative, or agent authorized to act on the intellectual property owner's behalf.

Closed Captioning

123BizPlan complies with all applicable Federal Communications Commission rules and regulations regarding the closed captioning of video content.

General Information

Definitions

  1. "Shall" means "has a legal obligation to";
  2. "May" means "has discretionary authority to, but is not required to"; and
  3. "Including" means "including, but not limited to".

Entire Agreement

This Agreement constitutes the entire agreement between you and 123BizPlan and shall govern your use of the Site and Services. This Agreement supersedes all prior version of this Agreement. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other 123BizPlan Services, affiliate services, third-party content, or third-party software.

Choice of Law and Venue

Nevada law governs all issues arising out of this Agreement. Any reference to a law or statute also includes any applicable changes to such law. You or 123BizPlan shall file any and all claims, causes of action and/or disputes, arising out of or relating to the Agreement, or the relationship between you and 123BizPlan, in a court of competent jurisdiction in Las Vegas, Clark County, Nevada.

Waiver and Severability of Terms

123BizPlan's failure to exercise or enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree remaining provisions of this Agreement will remain in full force and effect.

No Right of Survivorship and Transferability

You acknowledge, understand, and agree that your account is non-transferable, and any rights to your Data and Profile terminates upon your death.

Statute of Limitations

Regardless of any law statute to the contrary, as a condition of your use of the Site and/or 123BizPlan Services, you shall file any claim or action arising out of this Agreement or Services within one year after said claim or cause of action arose or shall be forever barred.

Contacting Us

If you have any questions or comments regarding this Agreement or need to send us a notice of any type, please contact 123BizPlan via email or U.S. Postal Mail:

123BizPlan LLC

4730 South Fort Apache Road, Suite 300

Las Vegas, NV 89147

Support@123BizPlan.com

support@123bizplan.com

With a copy mailed to:

Montez Nazareth Law

7925 West Russell Road # 401506

Las Vegas, NV 89140

Effective Date: January 1, 2017

ADDENDUM

THIS ADDENDUM SUPPLEMENTS THE TERMS OF USE AGREEMENT.

EFFECTIVE DATE: JANUARY 1, 2017.

Payments

123BizPlan accepts all major credit cards; Visa, American Express, MasterCard, and Discover.

Refunds

120-Day No-Hassle, Any-Excuse Satisfaction Guarantee If at any time within 120 days of purchase you don’t find our software to your liking, just tell us. We’ll refund every penny you spent. No hassles. No trouble. That is the 123Bizplan Guarantee!

Changes in Fees and Prices

All fees and prices may change without prior notice.

Errors on our Site

123BizPlan aims to be as accurate as possible. However, we do not warrant that product Site content is accurate, complete, reliable, current, or error-free. Prices and promotions are subject to change, and may vary from those offered elsewhere. On some occasions, a service or product on the Site not be available, an offer may have been misstated, or a service or product may be mispriced. For any of these or other reasons, we may cancel your order, or we may contact you and update your order.

Questions or Comments

If you have any questions or comments regarding this Addendum, please contact 123BizPlan via email or U.S. Postal Mail:

123BizPlan LLC

4730 South Fort Apache Road, Suite 300

Las Vegas, NV 89140

Support@123BizPlan.com

support@123bizplan.com

With a copy mailed to:

Montez Nazareth Law

7925 West Russell Road # 401506

Las Vegas, NV 89140

Effective Date: January 1, 2017