Terms & Conditions

Thanks for using SMBstories. SMBstories is not a law firm or a lawyer referral service. SMBstories provides access to general education materials on the law. Any use or access to SMBstories materials or content is permitted only subject to the terms described herein (the “Terms”). By using or accessing SMBstories’s materials, you agree to be subject to these terms and our Privacy Policy. If you use or access any materials as the employee or agent of an organization, you are agreeing to these Terms as an agent on behalf of that organization. In no event is use of the Services permitted by those under the age of 13.

1. Parties
The parties to these Terms include SMBstories and any of its affiliates and you. For the Purposes of these Terms, “SMBstories” refers to SMBstories and any of its affiliates. “You” refers to any person who uses or accesses any materials or content by SMBstories, whether individually or as an agent on behalf of any organization.

2. Memberships
SMBstories may make certain material and content available to users through memberships. Any membership grants the user a limited license to access or download the content described in the membership. A membership does not grant you ownership of any of the materials or content. You are not permitted to distribute any materials or content without the express written authorization of SMBstories.
“Lifetime Access” or similar language grants the user access to membership content for 80 years, until the membership is otherwise cancelled by you or SMBstories for any reason, or until SMBstories ceases to operate, whichever occurs soonest.

3. Refund Policy
You have the right to request a full refund within 30 days of purchase if you believe you did not learn anything from the materials or content. Refund requests will be processed within a reasonable time. SMBstories reserves the right to ask questions and request feedback in the event of a refund request. This is not a no-questions-asked refund policy. We will likely ask questions and we value your input.

4. No Legal Advice
Any legal consultations provided are done so by Leland Faux, Esq., individually and not provided through SMBstories. SMBstories is not a law firm. You agree the SMBstories will not be liable for any actions you take or do not take as a result of any consultations with Leland Faux. As such, you hereby waive and release SMBstories from any claims for any damages that may arise as a result of your interactions with the site. You agree to take full responsibility for your actions and you agree that there are no guarantees provided by SMBstories or Leland Faux in relation to any issues related to you or your business.

SMBstories may provide material and content that includes information on various legal issues. The information contained in SMBstories’ materials is not intended to be legal advice. That is, the materials and content SMBstories provides does not review or assess any information you provide, draw legal conclusions regarding any specific situation in which you are involved, provide legal opinions about your use of forms or decisions on issues, or apply the law to the facts of your situation.

Additionally, SMBstories is not designed or intended to provide a detailed and thorough explanation of the law. Rather, SMBstories may provide users with general awareness of laws that may impact them.

Any decisions or conclusions you make as a result of accessing or using SMBstories’ materials or content are your own. Unless you are willing to assume the risks alone, you should consult with a licensed attorney. The materials and content provided by SMBstories are not a substitute for legal advice from an attorney.

5. Free Fridays
The purpose of Free Fridays is to (a) learn about you and your particular needs based on information you provide, (b) to discuss general principles of law, (c) to help you make an informed decision as to a course of action, and (d) to discuss fees for further representation, where appropriate. Free Fridays are not intended to provide legal advice specific to your situation or circumstances.

All information you provide will be held in confidence to the extent permitted by law or rule.

Due to time constraints in the consultation, it will be impossible to fully assess your situation. Therefore, you should not rely on any opinions or comments made during the consultation. You assume full responsibility for your decisions and course of conduct.
No attorney-client relation is intended to be formed by a free consultation. The purpose of the consultation is limited in scope identified above. There will be no obligation for further communication for either party. A formal engagement agreement is required for any attorney-client relationship to form.

Only one Free Friday call will be permitted for any individual or business, unless otherwise agreed in writing. SMBstories reserves the right to refuse or decline a Free Friday call for any reason. No compensation will be provided for missed or canceled calls.

6. No Attorney-client relationship or privilege
Your use of SMBstories materials or content does not create an attorney-client relationship. Because of this, any communications between you and a SMBstories will not be protected as confidential information under the attorney-client privilege or work-product doctrine.

SMBstories is not a “Lawyer Referral Service.” In the event SMBstories publishes a directory of lawyers, that directory will constitute lawyer advertising by the lawyers included in the directory. SMBstories does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney. In the event you hire an attorney, you alone are responsible to ensure that you are comfortable with the attorney you select.

7. Communication and Email
By creating a membership or otherwise providing your email address to SMBstories, you agree that we may send you email information such as newsletters, special offers, or account reminders and updates. You may unsubscribe at any time by clicking the “Unsubscribe” link in the footer of any such emails.

8. Intellectual Property
SMBstories retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:
a. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
b. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
c. circumvent or disable any security or technological features of our products and services.
The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website are copyright © SMBstories. All rights reserved.

9. Copyright and DMCA Claims
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that any material on the site infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with SMBstories’ Designated Copyright Agent:
SMBstories
c/o Copyright Dept
525 Shoup Ave, Ste 250
Idaho Falls, Idaho 83402
email: leland@SMBstories.com

10. DISCLAIMER OF WARRANTIES, REPRESENTATIONS, AND LIABILITIES
Please read this section carefully as it affects your rights
The information, software, products, and services made available through SMBstories may include inaccuracies or typographical errors. SMBstories may at any time make improvements to or alter to our services. Information received through SMBstories should not be relied upon for personal, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, SMBSTORIES MAKES NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT ITS SERVICES. ANY SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMBSTORIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT SMBSTORIES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF SMBSTORIES FOR ANY CLAIM ARISING OUT OF OR RELATING IN ANY MANNER TO THE USE OF ANY SERVICES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES TO WHICH SUCH CLAIM RELATES IN THE 12 MONTH PERIOD PRECEDING THE FILING OF SUCH CLAIM.

11. Indemnification
You agree to defend, indemnify and hold harmless SMBstories and its owners, employees, agents, and affiliates, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to any third-party claims arising from or related to your access to or use of SMBstories’s services or to these Terms.

12. Disputes, Applicable Law, and Venue
1. Subject to the conditions below, the parties agree that any and all disputes, claims or controversies arising out of or relating to this agreement shall be submitted to JAMS, or its successor, for mediation in Las Vegas, Nevada, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration in Henderson, Nevada pursuant to JAMS’ Streamlined Arbitration Rules and Procedures.
2. SMBstories may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
3. SMBstories may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
4. In the event that the agreement to mediate and arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Las Vegas, Nevada under Nevada law, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

13. Entire Agreement
These Terms constitute the entire agreement between you and SMBstories with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms. These Terms create no third party beneficiary rights.

14. Waiver, Severability, and Assignment
SMBstories’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. SMBstories may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

15. Modification
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

Get Inspired. Gain Knowledge.
We share stories about how small business owners got started, overcame challenges, and found success. We also share practical tips and insights. Did you know the founder of SMBstories is a small business attorney? We're dishing out all kinds of knowledge. You in?
We respect your privacy.