Terms of Service | BizCheckNow

1. Acceptance of Terms

By accessing or using BizCheckNow ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

BizCheckNow is a business reputation platform that aggregates publicly available information from government databases, regulatory agencies, and third-party sources to generate algorithmic "TrustScores" for businesses. Our Service:

Aggregates data from public sources including but not limited to: OSHA (Occupational Safety and Health Administration), EPA ECHO (Environmental Protection Agency Enforcement and Compliance History Online), state and federal court records, Better Business Bureau, Google Places API, New York City Department of Health, Chicago Department of Public Health, and various state licensing boards
Calculates TrustScores using proprietary algorithms based on this aggregated public data
Provides commentary and opinion on business reputation based on factual public records
Offers an API for developers and AI systems to access business reputation data

3. Nature of TrustScores and Content

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a) TrustScores Are Opinion

The TrustScores displayed on BizCheckNow constitute our opinion and editorial commentary based on algorithmic analysis of publicly available data. These scores represent our assessment and interpretation of public records and are protected speech under the First Amendment.

b) Public Data Aggregation

All information displayed on BizCheckNow is aggregated from publicly available government records, regulatory databases, and third-party sources. We function as a publisher of public record information combined with our own editorial analysis.

c) No Independent Verification

BizCheckNow does not independently investigate, verify, or audit the accuracy of data obtained from source agencies. We rely on the accuracy of government databases and third-party sources.

d) Data Currency

Information may not reflect real-time conditions. Government databases may be delayed, records may be expunged or modified, and business circumstances may change. Data is updated periodically but not continuously.

e) Not Professional Advice

Nothing on BizCheckNow constitutes legal, financial, business, or professional advice. Users should conduct their own due diligence and consult appropriate professionals before making business decisions.

4. Data Sources and Limitations

Our data comes from the following sources, each with inherent limitations:

OSHA Enforcement Data: Workplace safety violations from the Department of Labor. Data may be delayed 5-30 days from citation issuance.
EPA ECHO Database: Environmental compliance data. Reflects information reported to EPA which may be incomplete.
Court Records: Civil and criminal case information from state and federal courts. We link to court search portals; actual records require verification with the court.
Health Inspection Data: Restaurant and food service inspections from participating health departments. Currently includes NYC and Chicago. Inspection results reflect conditions at time of inspection only.
Better Business Bureau: Ratings and complaint data as reported by BBB. BBB ratings are BBB's own assessments.
Google Places: Review ratings and counts from Google. We do not control Google's review policies.
State Licensing Boards: Professional and business license status from various state agencies.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY DATA DISPLAYED ON THE SERVICE.

5. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
ACCURACY OR COMPLETENESS OF CONTENT
RELIABILITY OR AVAILABILITY OF THE SERVICE
THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE

WE DO NOT WARRANT THAT:

Any information on the Service is accurate, complete, or current
The Service will meet your requirements
Results obtained from the Service will be accurate or reliable
Any errors in the Service will be corrected

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

a) IN NO EVENT SHALL BIZCHECKNOW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business
Loss of data or goodwill
Business interruption
Reputational harm
Cost of substitute services
Any other intangible losses

b) OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF:

The amount you paid to us in the twelve (12) months preceding the claim, OR
One hundred US dollars ($100)

c) These limitations apply regardless of:

The theory of liability (contract, tort, negligence, strict liability, or otherwise)
Whether we were advised of the possibility of such damages
Whether the limited remedies fail of their essential purpose

7. Indemnification

You agree to defend, indemnify, and hold harmless BizCheckNow and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, damages, costs, liabilities, losses, and expenses (including reasonable attorneys' fees) arising from or related to:

Your use of the Service
Your violation of these Terms
Your violation of any third-party rights
Any content you submit or transmit through the Service
Your reliance on any information obtained from the Service

8. Business Owners and Representatives

If you are a business owner or representative of a business listed on BizCheckNow:

a) Score Challenges

You may challenge the accuracy of specific factual data through our "Challenge This Score" feature. Challenges must identify specific factual errors with supporting documentation.

b) What We Will Correct

We will investigate and correct verified factual errors in source data attribution (e.g., violations incorrectly attributed to your business).

c) What We Will NOT Remove:

Accurate information from public government records
Our TrustScore calculations and opinions based on accurate data
User reviews sourced from third-party platforms
Negative information that is factually accurate

d) No Pay-for-Removal

BizCheckNow does not accept payment to remove accurate information or improve scores. The only way to improve a TrustScore is to improve business practices, resolve violations, and earn positive public feedback.

e) Response Rights

Claimed businesses may respond publicly to reviews and information displayed on their profile.

9. Protected Speech and Anti-SLAPP Notice

The content on BizCheckNow constitutes protected speech concerning matters of public interest, including:

Public safety (workplace safety violations, health inspections)
Environmental protection (EPA compliance)
Consumer protection (business reputation, complaints)
Government accountability (public record transparency)

To the extent permitted by law, we reserve all rights under applicable Anti-SLAPP (Strategic Lawsuit Against Public Participation) statutes. Any party bringing frivolous claims intended to suppress our protected speech may be liable for our attorneys' fees and costs.

10. Intellectual Property

a) Our Content

The Service, including its design, text, graphics, logos, TrustScore algorithms, and software, is owned by BizCheckNow and protected by copyright, trademark, and other intellectual property laws.

b) Public Data

Underlying public record data remains in the public domain. Our proprietary contribution is the aggregation, analysis, and presentation of such data.

c) Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Service for personal, non-commercial purposes.

d) Restrictions

You may not:

Scrape, crawl, or automatically collect data from the Service without written permission
Reproduce, distribute, or create derivative works from our content
Use our trademarks without permission
Reverse engineer our algorithms or software
Remove any copyright or proprietary notices

11. API Terms

Use of the BizCheckNow API is subject to additional terms:

API access requires registration and API key
Free tier limited to 100 calls per month
No reselling of API data without written agreement
We may revoke API access for abuse or violation of terms
API data provided under same disclaimers as web Service

12. User Conduct

You agree not to:

Use the Service for any unlawful purpose
Harass, threaten, or defame any person or business
Submit false or misleading information
Attempt to gain unauthorized access to the Service
Interfere with the proper operation of the Service
Use automated means to access the Service without permission

13. Termination

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately.

14. Modifications to Service and Terms

a) Service Changes

We reserve the right to modify, suspend, or discontinue the Service at any time without notice.

b) Terms Changes

We may revise these Terms at any time. Changes are effective when posted. Your continued use of the Service after changes constitutes acceptance of the new Terms.

c) Notification

We will make reasonable efforts to notify users of material changes, but you are responsible for reviewing the Terms periodically.

15. Governing Law and Jurisdiction

a) Governing Law

These Terms are governed by the laws of the State of Florida, without regard to conflict of law principles.

b) Jurisdiction

You agree to submit to the exclusive jurisdiction of the state and federal courts located in Seminole County, Florida for any disputes arising from these Terms or the Service.

c) Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING FROM THESE TERMS OR THE SERVICE.

16. Dispute Resolution

a) Informal Resolution

Before filing any legal claim, you agree to attempt to resolve disputes informally by contacting us. We will attempt to resolve disputes within 30 days.

b) Arbitration

Any dispute not resolved informally shall be resolved by binding arbitration under the rules of the American Arbitration Association. Arbitration shall take place in Seminole County, Florida.

c) Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

d) Small Claims Exception

Either party may bring qualifying claims in small claims court.

17. General Provisions

a) Entire Agreement: These Terms constitute the entire agreement between you and BizCheckNow regarding the Service.

b) Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

c) No Waiver: Our failure to enforce any provision does not waive our right to enforce it later.

d) Assignment: You may not assign your rights under these Terms. We may assign our rights without restriction.

e) Force Majeure: We are not liable for failures due to circumstances beyond our reasonable control.

f) Headings: Section headings are for convenience only and have no legal effect.

18. Contact Information

For questions about these Terms, contact us at:

BizCheckNow

Email: legal@bizchecknow.com