PRIOR TO USING THE BUILDMYBIZ® WEBSITE (“SITE”) PLEASE READ THIS BUILDMYBIZ AGREEMENT (“AGREEMENT”) CAREFULLY.
The Site is operated by Paychex, Inc. through the site www.buildmybiz.com and/or blog.buildmybiz.com. The Site consists of articles, videos, applications, and other electronic media, community forums, and tools to educate business owners on how to start, build, and manage their businesses.
By using or visiting the BuildMyBiz Site you (“User”) signify that User has read, understood and agree to be bound by this legal agreement with Paychex, Inc. of 911 Panorama Trail S., Rochester, NY 14625, (also “Paychex”) under the terms set out in this Agreement.
Paychex reserves the right, in its sole discretion, to change, modify, add, or delete portions of this Agreement at any time without further notice. Paychex will post the changes to this Agreement on this page and will indicate at the top of this page the date the Agreement was revised and the amendments become effective. User’s continued use of the Site after any such changes constitutes User’s acceptance of the new Agreement. If User does not agree to abide by these or any future Agreement, do not use or access (or continue to use or access) the Site. It is User’s sole responsibility to regularly check the Site to determine if there have been changes to the Agreement and to review such changes.
- User warrants that User is 18 years of age or older and agrees to provide Paychex with true and updated information about User and will not fake User’s identity.
- User will not submit any content to BuildMyBiz that may be unlawful, abusive, offending or in any way objectionable by other members of BuildMyBiz. Paychex may remove any such content from the site without prior notice.
- User retains the ownership of User Submissions to BuildMyBiz. User gives Paychex full rights to use User Submissions, in connection with the business of Paychex.
- User agrees not to engage in any commercial activity through BuildMyBiz.
Proprietary Rights and Trademarks
All content available through the Site and its Communities, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files or information appearing on the Site (“Site Content”) are subject to copyright and other intellectual property rights belonging to Paychex, its wholly owned subsidiaries, licensors, or its Users, with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any forms or by any means, in whole or in part, without the owner’s prior written permission.
Paychex® and BuildMyBiz® are registered trademarks and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Paychex as appropriate.
BuildMyBiz Users – Eligibility and User Data
All members of the public are eligible to apply to enter BuildMyBiz provided they are over 18 years old. By joining BuildMyBiz, User agrees that User is 18 years of age or older and to (1) provide accurate, true and complete answers to the registration form; 2) ensure the security of User’s password, identification and account details 3) keep User’s registration details up to date; and (4) notify Paychex of any changes in User’s circumstances. Failure to provide any of the aforementioned information may void User’s eligibility to participate in BuildMyBiz.
BuildMyBiz Users – User Submissions
For clarity, User retains all of User’s ownership rights in material User submits to the Site (“User Submissions”), which include, without limitation designs, text, graphics, pictures, video, information, applications, software, music, sound or any other files. However, by submitting User Submissions to BuildMyBiz, User grants, and warrants that User has the full authority together with all necessary consents to grant, Paychex and its wholly owned subsidiaries a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, reproduce, distribute, prepare derivative works of, display, and perform User Submissions in connection with the business of Paychex. Paychex further retains the right to retain User Submissions even after they have been removed from the Site or BuildMyBiz no longer exists.
User understands that all User Submissions and Site Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which the User Submission or Site Content originated. This means that User , and not Paychex, is entirely responsible for all content that User uploads, post or e-mail via the Site. Paychex does not control User Submissions posted via the Site and does not guarantee the accuracy, integrity or quality of the User Submission or Site Content.
BuildMyBiz Users – User Conduct
User is solely responsible for all and any User Submission that User adds or uploads to the Site or their Communities. User represents, warrants and agrees that no materials of any kind submitted through User’s account or otherwise posted, transmitted, or shared by User on or through BuildMyBiz will violate or infringe upon the rights of any third party, including copyright, trademark or other intellectual property rights, privacy, publicity, confidentiality or other personal or proprietary rights; or contain libelous, defamatory, discriminatory, obscene or otherwise unlawful material.
In addition, User agrees not to use the Site to:
- harvest or collect email addresses or other contact information of other users of the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites;
- use automated scripts to collect information from or otherwise interact with the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, National Insurance numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another user;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, national or international law;
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Paychex, is objectionable or which restricts or inhibits any other person from using the Site, or which may expose Paychex or other Users to any harm or liability of any type;
- impersonate any person or entity, falsely state or otherwise misrepresent User’s affiliation with a person or entity or disguise the origin of any content;
- upload, post or e-mail any content that User does not have a right to transmit under any law or under contractual or fiduciary relationships;
- upload, post or e-mail any content that infringes any intellectual property rights of any party;
- solicit any business from Users of BuildMyBiz.
User acknowledges that Paychex does not pre-screen content but that Paychex shall have the right (though not the obligation) in its sole discretion to move, modify or remove any content that is available on the Site generally.
Paychex, reserves the right to remove any User content from the Site or any of its Communities, at any time, without notice and at its own discretion.
Repeat Infringer Policy
Paychex may terminate the use of the Site, in appropriate circumstances and at its sole discretion, by Users who infringe this Agreement in any way. Paychex reserves the right to report any illegal activity or use of Site to the appropriate authorities without notice to the User.
Third Party Websites and Content
The Site contains (or User may be sent through the Site) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and Paychex is not responsible for any Third Party Sites accessed through the Sites or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement by Paychex.
If User decides to leave the Site and access the Third Party Sites or to use or install any Third Party Content, User does so at User’s own risk. User should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any Third Party Content.
Paychex is not responsible or liable in any manner for any User Submissions or Third Party Content posted on the Site, whether posted or caused by Users, by Paychex, by third parties or by any of the equipment or programming associated with or utilized in the Site.
Although Paychex provides rules for User conduct and postings, Paychex has no obligation to review or verify any information uploaded nor is Paychex responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content User may encounter on the Site or in connection with any User Submission or Third Party Content. Paychex is not responsible for the conduct, whether online or offline, of any User. Under no circumstances will Paychex be liable in any way for any User Submission, including (without limitation) any errors or omissions in any User Submission, or for any loss or damage of any kind incurred as a result of User’s use of any Site Content. User agrees that User must evaluate and bear all risks associated with the use of any Site Content including any reliance on its accuracy or completeness. User also understand that by using the Sites, User may be exposed to content that is offensive, indecent or objectionable.
The Site may be temporarily unavailable from time to time for maintenance or other reasons. Paychex does not assume responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications or connectivity to the Site.
Paychex is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any Site or combination thereof, including injury or damage to User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Site insofar as it is permissible to exclude and limit such liability by law. Nothing in this Agreement affects User’s statutory rights as a consumer.
Under no circumstances will Paychex be responsible for any loss or damage, including any loss or damage to any User Submission or personal injury or death (other than personal injury or death directly caused by the our negligence), resulting from your use of the Site, any User Submission or Third Party Content posted on or through the Site or transmitted to Users, or any interactions between users of the Sites, whether online or offline.
Paychex reserves the right to change any and all Site Content, software and other items used or contained in the Site and any Services and platform applications offered through the Sites at any time without notice.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Paychex.
Limitation on Liability
In no event shall Paychex or its wholly owned subsidiaries, and their respective officers, directors, employees, or agents, be liable for any direct, indirect, incidental, special, punitive, or consequential damages including but not limited to loss of profits, loss of opportunities, diminution in share value, loss of reputation, defamation, making ideas or trade secrets public, publishing personal information or otherwise, whatsoever resulting from the use of the Site by User whether based on warranty, contract, tort, or any other legal theory, and whether or not Paychex is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
User specifically acknowledge that Paychex will not be liable for User Submissions or Site Content or the defamatory, offensive, or illegal conduct of any third party, or breach of any intellectual property rights or confidentiality from either User posting User Submissions or using Site Content and that the risk of harm or damage from the foregoing rests entirely with you.
User agrees to indemnify and hold the Paychex and its wholly owned subsidiaries, and their respective directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with User’s use of the Site, User Submissions or Site Content or Third Party Content, or any violation of this Agreement or of any law or the rights of any third party.
Paychex may terminate User’s membership, delete User’s profile and any content or information that User has posted on the Site or through any platform application and/or prohibit User from using or accessing the Sites or any platform application for any reason, or no reason, at any time in the sole discretion of Paychex, with or without notice.
Governing Law, Venue and Jurisdiction
This Agreement shall be governed by, construed, interpreted and applied in accordance with the laws of the state of Deleware without regard to principles of conflict of laws.
Information Paychex May Collect
Paychex collects information when using the Site, including .
- information about User, including name and address and any other information provided by User when completing a registration form or other form online.
- Information which is specific to a particular selection criteria.
- Information about User while User is logged into BuildMyBiz. This may include a variety of types of information and formats, and you are not under any obligation to provide it – this is referred to above as User Content, for which you are fully responsible.
- Information when User provides feedback, post material, contacts Paychex for any reason or signs up to a service.
- Information from monitoring usage of this website. This may include monitoring how many times a User visits, which pages Users goes to, traffic data, location data and the originating domain name of a User’s internet service provider.
Use of Information
The Company will use a User’s information to assess User’s eligibility to join BuildMyBiz.
The Company may also use User’s information for:
- auditing, research and analysis to operate and improve our technologies and services;
- helping us identify you and any accounts you hold with us;
- statistical analysis;
- fraud prevention and detection and security vetting;
- customizing the Sites and its content to your particular preferences;
- notifying User of any changes to the Sites or our services which may affect User, or
- notifying User of content that Paychex deems relevant.
Sharing of User Information with Third Parties
Paychex may share User Information with:
- Its subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. Paychex requires that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
- Third parties to assist Paychex in processing User’s Information, including for the purpose of providing User any agreed participation awards or incentives. In the event Paychex does use a third party to assist in processing User’s Information Paychex will require that such third parties comply with the Policy and any other appropriate confidentiality and security measures.
- Third parties when complying with legal process, preventing fraud or imminent harm, and ensuring the security of our network and services.
Paychex is committed to protecting the security and integrity of User Information through procedures and technologies designed for this purpose. Here are some of the things Paychex does to ensure that User’s Information in our systems is protected:
- Paychex maintains policies and procedures covering the physical security of our workplaces, systems, and records.
- Our physical, electronic, and procedural safeguards are built on industry recognized best practices.
- We use technological means such as backup files, virus detection and prevention, firewalls, and other computer hardware and software to protect against unauthorized access or alteration to customer data.
- We encrypt sensitive information that is transmitted over the Internet.
- We limit employee access to customer information to those who have a business reason to know through formal approval processes, access controls, and internal auditing.
- We require our employees to take information security awareness training and to apply this training to their job every day.
- We use advanced technologies for the backup and recovery of customer information.
Keeping Your Data Secure
Paychex will use technical and organizational measures to safeguard User Information, for example: access to User membership is controlled by password and username which are unique to User. Paychex will use all reasonable efforts to safeguard User Information but User acknowledges that the use of the internet is not entirely secure and for this reason Paychex cannot guarantee the security or integrity of any personal data while it is in transit on the internet.
Paychex may collect information about User’s computer, such as IP address and/or browser, which Paychex will use for administration purposes and statistical analysis. This information will not usually identify User personally. Paychex servers automatically record information when User’s visit our website or use some of our services, including the URL, IP address, browser type and language, and the date and time of your request.
Paychex may also obtain information about your online movements and use of the internet by placing a ‘cookie’, which is a small file, on your computer’s hard disk. Cookies may be used for several reasons:
- To recognize you whenever you visit the Sites;
- to speed up access to the Sites (so you do not have to log on each time);
- to store your personal preferences;
- to build a profile about you;
- to understand how you use the site and improve it.
The vast majority of web browsers accept cookies. However, you can change your browser settings so that cookies are not accepted. If you do this, you may lose some of the functionalities of the Sites. For further information about cookies and how to disable them please go to: http://aboutcookies.org
Please contact us at the address below for any additional questions about the management or use of personal data.
911 Panorama Trail S.
Rochester, NY 14625