North Dakota Small Business Association™
Business Certification Terms of Service

North Dakota Small Business Association™ Business Certifications, Inc. (North Dakota Small Business Association™) provides voluntary certification to businesses qualifying for its Woman Owned Business Certification, Veteran Owned Business Certification, Minority Owned Business Certification, Family Owned Business Certification, Hispanic Owned Business Certification and/or Small Business Owner Certification programs (collectively, "Business Certification"), according to the qualifications adopted by North Dakota Small Business Association™ and set forth in these Terms and Conditions ("Agreement" or "Contract").

As an applicant for Business Certification, you, the applicant, on behalf of yourself as well as your company, heirs, agents, successors, and assigns, ("participant(s)") acknowledge that you have read, understand, and agree to be bound by all terms and conditions set forth in this Agreement and included by reference.

By submitting an application for Business Certification to North Dakota Small Business Association™, you authorize the disclosure of the required documentation listed herein and agree to abide by all terms and conditions of this Agreement, as well as any agreements that North Dakota Small Business Association™ is currently bound by or will be bound by in the future. You acknowledge that this Agreement is legally binding under the laws of the United States of America and upon submission you have entered into a legally enforceable Contract ("click through contract") with North Dakota Small Business Association™, as though a physical signature was provided. If you do not agree to the terms and conditions of this Agreement, you are expressly prohibited from applying for or accepting Business Certification through North Dakota Small Business Association™.

North Dakota Small Business Association™ may, from time to time, within our sole and absolute discretion, modify, limit, change, discontinue, or replace this Agreement or any portion thereof. It is your responsibility to review this agreement WHERE PUBLISHED ON www.northdakotasmallbusinessassociation.com on a regular basis to keep yourself informed of any modifications. In the event we modify, limit, change, or replace all or any portion of this Agreement, NOTIFICATION is DEEMED made immediately upon publication of THE MODIFICATION, LIMITATION, CHANGE, OR REPlACEMENT ON THE North Dakota Small Business Association™ website (www.northdakotasmallbusinessassociation.com), and your continued use and/or promotion of your voluntary participation in North Dakota Small Business Association's™ Business Certification program(S) thereafter, constitute(s) your manifestation of assent to the modification, limitation, change, or replacement. This Agreement is effective as of the date your application is submitted to North Dakota Small Business Association™ or your payment is processed.

The term of this Contract is one (1) year (365 days) from the date of the electronic submission of this Agreement (Contract) or the date that the annual certification fees are successfully processed.

1. REPRESENTATIONS AND WARRANTIES.

Electronically submitting this Agreement constitutes your willingness to enter into this Contract, and representation and warranty by You that You are at least eighteen (18) years of age; have the right, power, legal capacity and appropriate authority to contract on behalf of the company; and are an authorized agent of the company and the owner(s) listed on company documents.

North Dakota Small Business Association™ has not, is not, and will not make any guarantees, promises, or warranties that your company will gain financial benefit or obtain participatory access in any diversity or procurement program as a result of your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s).

North Dakota Small Business Association™ is not owned or affiliated with, and does not sponsor or endorse any particular company applying for voluntary participation in the North Dakota Small Business Association™ Business Certification programs. Certification of a business by North Dakota Small Business Association™ is based exclusively on the company's qualifications for Certification and its conduct, as outlined in this application. North Dakota Small Business Association™ makes no representations regarding the quality, safety, morality, or legality of any aspect of the applicant company's business, products, or services.

2. APPLICATION AND APPROPRIATE USES.

The electronic submission of this Agreement is Your application to voluntarily participate in one or more of North Dakota Small Business Association's™ Business Certification programs. North Dakota Small Business Association™ does not guarantee or promise approval of your Business Certification application(s) and may deny admission to applicants who fail to meet the certification requirements, complete the application process, or fulfill the responsibilities as outlined by this Agreement. You acknowledge that you submit this application at your own risk and that, in the event that you are not admitted to the Business Certification program, you remain legally bound by the terms and conditions of this Agreement with North Dakota Small Business Association™.

(A) REQUIREMENTS

Application to the North Dakota Small Business Association™ Business Certification program requires the following:

(1) Electronic submission of this online application, binding you to the terms of this Agreement;
(2) Provision of the required documentation outlined in Section 3. "REQUIRED SUPPORTING DOCUMENTATION" of this Agreement;
(3) Satisfactory evaluation and processing by North Dakota Small Business Association™ of this electronically submitted Application, required supporting documentation, and fee payment;
(4) Registration of applicant business with a North Dakota County Clerk Office as an assumed name, or with the North Dakota Secretary of State Corporation Section, as applicable;
(5) Possession of a North Dakota Comptroller Number if application business is registered with the North Dakota Secretary of State Corporation Section; and
(6) If registered with the North Dakota Secretary of State Corporation Section, a status of "ACTIVE" or "IN TEMPORARY GOOD STANDING" from the North Dakota Comptroller is required.
(7) Signed submission of the Authorization Letter

All information provided throughout the application process must be consistent. Failure to provide consistent information throughout the application process will result in the denial of your application.

(B) ACCURATE INFORMATION

You agree to maintain accurate information by providing notice to North Dakota Small Business Association™ of any material change in Your Company's structure within five (5) business days. Notification must be sent via email to paperwork@northdakotasmallbusinessassociation.com. Material changes are defined as:
(1) a change in the cumulative or individual ownership percentage(s) relied upon to achieve the 51% ownership interest majority required for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s);
(2) a change or amendment of filing status with the North Dakota Secretary of State Commercial Section or any North Dakota County Clerk's Office relating to an Assumed Name or Doing-Business-As filing (as applicable);
(3) obtaining a "NOT IN GOOD STANDING" status from the North Dakota Comptroller, for companies registered with the Secretary of State Commercial Section;
(4) a change in the company mailing address or phone number provided in this electronic submission; and
(5) a change in the email address of the "point-of-contact" on file with North Dakota Small Business Association™.

If, for whatever reason, You fail to notify North Dakota Small Business Association™ within five (5) business days of any material change, as defined above, such failure will constitute a material breach of this Contract and North Dakota Small Business Association™, upon learning of the material change, will suspend your Business Certification participation in accordance with the North Dakota Small Business Association™ due process policies.

You agree that North Dakota Small Business Association™ may use and rely on any information provided by You for all purposes related to Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s). If You provide any information that is inaccurate, not current, false, misleading, or incomplete; or if North Dakota Small Business Association™ has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading, or incomplete; North Dakota Small Business Association™ has the absolute right, in accordance with its due process policies, to terminate your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s).

Additionally, you hereby acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. We may assign our rights and obligations under this Agreement at any time, including but not limited to in a sale of or other transaction involving the Business Certification program(s).

North Dakota Small Business Association™ reserves the right, in accordance with its due process policies, to terminate your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) if your participation results in, or is the subject of, legal action or threatened legal action, against North Dakota Small Business Association™ or any of its affiliates or partners, and to terminate without consideration for whether the legal action or threatened legal action is ultimately determined to be with or without merit.

(i) Accurate Information- Due Process

Material changes in your company's structure must be reported to North Dakota Small Business Association™ within five (5) business days of the occurrence of such changes. Notification must be made via email to paperwork@northdakotasmallbusinessassociation.com. Material changes are defined above. Failure to report any of the above-mentioned material changes constitutes a breach of Contract and will result in suspension of Your voluntary-participation North Dakota Small Business Association™ Business Certification program(s). Upon independent discovery of the material change, North Dakota Small Business Association™ will advise you of your newly suspended status. Suspension will become effective on the date material change occurred. Your suspended status will be published on the website www.northdakotasmallbusinessassociation.com; You will be required to cease-and-desist all promotion and usage of North Dakota Small Business Association™ Business Certification program(s)except in a factually accurate reference to your past and current status with North Dakota Small Business Association™, or in reference to the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com; and remain in effect unless and until You take one of the following actions within fourteen (14) days after North Dakota Small Business Association™ notifies you of your newly suspended status:

(1) Submit a professionally written Appeal letter by the company's point-of-contact or owner(s), as recognized by North Dakota Small Business Association™, sent via email to paperwork@northdakotasmallbusinessassociation.com or fax to (512) 852-4629 explaining the material change.
(2) Submit newly completed, up-to-date, required supporting documentation for each program in which you seek to participate, sent via email to paperwork@northdakotasmallbusinessassociation.com or via fax to (512) 852-4629.
(3) Complete a new online application for voluntary participation in North Dakota Small Business Association™ Business Certification program(s) (at no additional cost), available at www.northdakotasmallbusinessassociation.com.

Failure to complete the due process procedures for material changes within fourteen (14) days of the email notification sent by North Dakota Small Business Association™ advising of the discovery of the material change will result in termination of your Business Certification, effective on the 15th day after the North Dakota Small Business Association™ email notification. Your terminated status will be published on the website www.northdakotasmallbusinessassociation.com; You will be required to stop all promotion and usage of North Dakota Small Business Association™ materials stating your current-participation. Such breaches of contract causing termination of your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) constitutes a forfeiture of your voluntary participation in the Business Certification program(s) and affords you no right to refund or credit for lost fees.

C. QUALIFICATIONS

Woman Owned Business Certification

To qualify for a Woman Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer women (one (1) woman at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed as an assumed name with a North Dakota Country Clerk's Office; or, if the company's business registration is filed with the North Dakota Secretary of State, on the sworn affidavit(s) submitted to North Dakota Small Business Association™.

Gender is determined by the sex indicated on the government issued identification provided in accordance with the requirements outlined in this Agreement.

Minority Owned Business Certification

To qualify for a Minority Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer minorities (one (1) minority at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed as an assumed name with a North Dakota Country Clerk's Office; or, if the company's business registration is filed with the North Dakota Secretary of State, on the sworn affidavit(s) submitted to North Dakota Small Business Association™.

Minorities are considered members of "Socially Disadvantaged Groups," as defined by the Small Business Act:

Black Americans (African Descent).
Hispanic Americans (persons with origins from Spanish or Portuguese speaking countries).
Native Americans; (American Indians, Eskimos, Aleuts, or Native Hawaiians).
Asian Pacific Americans (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China (including Hong Kong), Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
Subcontinent Asian Americans (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands or Nepal).

Membership within one of these "Socially Disadvantaged Groups" is determined by self-declaration.

Veteran Owned Business Certification

To qualify for a Veteran Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer current or former veterans (one (1) veteran at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed as an assumed name with a North Dakota Country Clerk's Office; or, if the company’s business registration is filed with the North Dakota Secretary of State, on the sworn affidavit(s) submitted to North Dakota Small Business Association™.

Eligible U.S. Armed Forces are:

U.S. Army
U.S. Navy
U.S. Air Force
U.S. Marines
U.S. Coast Guard
Disabled and Service-Disabled Veterans

Eligible U.S. Military Reserves are:

U.S. Army Reserve
U.S. Navy Reserve
U.S. Air Force Reserve
U.S. Marines Corps Reserve
U.S. Coast Guard Reserve
U.S. Army National Guard of the United States
U.S. Air National Guard of the United States
Disabled and Service-Disabled Veterans

Eligible North Dakota Military Forces are:

North Dakota Army National Guard
North Dakota Air National Guard
North Dakota State Guard
Adjutant General's Department
Domestic Operations Command

Veteran status is determined by presentation of U.S. Armed Forces DD-214 or North Dakota Military Forces equivalent.

Small Business Owner Certification

To qualify for participation in the North Dakota Small Business Association™ Small Business Owner Certification program, the company ("Applicant") cannot exceed the expressed maximum number of employees allowed or maximum annual receipts in millions of dollars allowed for the company and its affiliates identified by North American Industry Classification System (NAICS) codes as disclosed at the website http://www.northdakotasmallbusinessassociation.com/small-business-size-standards.htm. Additionally, company ("Applicant") must be registered in the state of North Dakota.

Hispanic Owned Business Certification

To qualify for Hispanic Owned Business Certification, 51% or more of the total ownership interest must be held by four or fewer Hispanics (one (1) Hispanic at a minimum). This ownership percentage must be indicated on the company's business registration filing, if filed as an assumed name with a North Dakota Country Clerk's Office; or, if the company's business registration is filed with the North Dakota Secretary of State, on the sworn affidavit(s) submitted to North Dakota Small Business Association™.

Hispanic Americans are considered members of "Socially Disadvantaged Groups," as defined by the Small Business Act:
Hispanic Americans (persons with origins from Spanish or Portuguese speaking countries).

Membership within "Socially Disadvantaged Groups" is determined by self-declaration.

Family Owned Business Certification

To qualify for participation in the North Dakota Small Business Association™ Family Owned Business Certification program, the company ("Applicant") must be owned at least 2 family members as stated on the (1) online application form and (2) confirmed via notarized sworn affidavit submitted by the same persons listed on the online application.

Additionally, company ("Applicant") must be registered in the state of North Dakota.

3. REQUIRED SUPPORTING DOCUMENTATION.

For ALL Business Certification Applicants, submit one set (Items 1-4) in support of each Business Certification program for which you apply:

1. One (1) copy of government issued identification.

A valid, current, and legible copy of your United States of America or Foreign-Government issued Passport, or United States of America Department of State issued Visa, Driver's License, or State Identification issued from a state located within the United States of America for each person named as an owner on this electronic submission and completing the sworn affidavit.

2. One (1) copy of the business' registration / existence in the State of North Dakota as stated below:

Sole Proprietorship: Assumed Name / Doing-Business-As filing from a North Dakota County Clerk

* Assumed Name / Doing-Business-As filing from a North Dakota County Clerk may be obtained from the North Dakota County Clerk for which the registration was filed.
Corporations: Certificate of Status / Certificate of Existence
LLC: Certificate of Status / Certificate of Existence
Limited Partnership: Certificate of Status / Certificate of Existence
Limited Liability Partnership: Certificate of Status / Certificate of Existence
General Partnership: Certificate of Status / Certificate of Existence
Professional Limited Liability Company: Certificate of Status / Certificate of Existence

* Certificate of Status / Certificate of Existence may be obtained from the North Dakota Secretary of State via telephone request at (512) 463-5578.

3. One (1) copy of the North Dakota Small Business Association™ signed and notarized sworn affidavit executed by each individual used in the computation of the 51% ownership interest requirement for eligibility.

4. One (1) copy of the North Dakota Small Business Association™ Authorization Letter..

Submit all documentation (Items 1 - 4) to North Dakota Small Business Association™ via Facsimile, at: (512) 852-4629 or via Email: paperwork@northdakotasmallbusinessassociation.com

**Note: Please indicate which Business Certification you are applying for on your application.

(A) North Dakota Comptroller Status Requirement

All companies registered with the North Dakota Secretary of State Corporation Section applying for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) are required to possess a North Dakota Comptroller Number status showing "Active" or "Active, Eligible for Termination/Withdrawal".

(B) Timeframe for Submission of REQUIRED SUPPORTING DOCUMENTATION

Online applications / electronic submissions are required to submit all required documentation as stated in Section "3. REQUIRED SUPPORTING DOCUMENTATION."

The Agreement registration fee must be concurrently paid along with the submission of this Agreement. Failure to submit payment within fourteen (14) days of submitting this Agreement will result in the forfeiture of your Application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) with no right to refund or credit for the fees paid to process this electronically submitted Application.

The Authorization Letter will be sent via email to the point of contact indicated in this Agreement/Application and upon receipt by North Dakota Small Business Association™ of at least three pieces of the required supporting documentation, this Agreement, and registration fee payment. The Authorization Letter is a required step in the application process and must be signed and submitted via facsimile at (512) 852-4629 or email at paperwork@northdakotasmallbusinessassociation.com to North Dakota Small Business Association™ within fourteen (14) days of the Authorization Letter being sent by email from North Dakota Small Business Association™.

North Dakota Small Business Association™ must receive all of the required supporting documentation (Items 1 - 3) within fourteen (14) days from the date that this electronic submission is executed and the registration fee is paid; or from the date on which the renewal payment was processed by North Dakota Small Business Association™ Business Certifications, Inc. Documents are deemed received upon receipt via facsimile at (512) 852-4629 or email at paperwork@northdakotasmallbusinessassociation.com. Failure to submit all of the required supporting documentation (Items 1 - 4) within the fourteen (14) day timeframe will constitute forfeiture of this Application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) with no right to refund or credit for the fees paid to process this electronically submitted Application.

Items (Items 1-4) not received by North Dakota Small Business Association™ or missing from your submission will be deemed an incomplete required supporting documentation submission and constitute a forfeiture of this Application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) with no right to refund or credit for the fees paid to process this electronically submitted Application.

You must submit all required supporting documentation for Your annual renewal to voluntarily participate in the North Dakota Small Business Association™ Business Certification program(s). All required supporting documentation must be received within fourteen (14) days of renewal payment processing by North Dakota Small Business Association™. All required documents must be submitted to North Dakota Small Business Association™ via email at paperwork@northdakotasmallbusinessassociation.com or fax at (512) 852-4629.

4. PAYMENTS.

A. Initial Payment.

Successful processing by North Dakota Small Business Association™ of your payment constitutes acknowledgement of your application to voluntarily participate in the North Dakota Small Business Association™ Business Certification program(s). The successful processing of payment by North Dakota Small Business Association™ Business Certifications, Inc. will serve as entrance into Contract between You and North Dakota Small Business Association™, and the appearance of credit / debit card charges on Your credit card / debit card statement will serve as Your receipt for the transaction. Payment should be accompanied by the submission of this Agreement to facilitate the initial stages of processing your Application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s).

In consideration for processing Your application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s), You agree that all fees paid to and processed by North Dakota Small Business Association™ Business Certifications, Inc. are immediately the property of North Dakota Small Business Association™ Business Certifications, Inc., and are non-refundable, even if You fail to complete the application process or are denied Certification by the North Dakota Small Business Association™ Business Certification program(s).

Applications that fail successful payment processing twice (two (2) times) will be denied future opportunities to electronically apply for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s), unless at least one member of the company Board of Directors provides a written letter. The individual's (or individuals') membership(s) on the Board of Directors must be evidenced by declaration with the North Dakota Secretary of State or by appearance of individual's (or individuals') name(s) on the certificate of registration with the North Dakota County Clerk, as applicable. The written letter should be sent via fax to (512) 852-4629 or email to paperwork@northdakotasmallbusinessassociation.com accompanied by the following supporting documentation: (1) a copy of the assumed name certificate (if registered with a North Dakota County Clerk); or (2) Certificate of Fact / Existence (if registered with the North Dakota Secretary of State), as applicable; and (3) the North Dakota Small Business Association™ Habitual Payment Failure Letter.

Applicants that claim the electronic application and payment for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) were unauthorized are not eligible for any refund or return of fees paid and processed by North Dakota Small Business Association™. It is the responsibility of all debit and credit cardholders to safe-guard their information and therefore it is not the responsibility of North Dakota Small Business Association™ nor the liability of North Dakota Small Business Association™ for an individual or company's negligence as a debit and credit cardholder.

B. Renewals

This Agreement is automatically renewed on the 365th day. Cancellation must be requested and sent via email to paperwork@northdakotasmallbusinessassociation.com no less than 30 days prior to the date of renewal to be recognized as valid. Confirmation by North Dakota Small Business Association™ of the cancellation request will be sent to the company's point-of-contact via email and serves as the only and official acknowledgment of renewal payment cancellation. Renewal payments for voluntary participation in the North Dakota Certification Director™y Business Certification program(s) are automatically processed no earlier than 364 days from the date of the previous successful payment using the credit card / debit card information provided in the previous electronic submission/Application for voluntary participation in North Dakota Small Business Association™ Business Certification program(s).

If the participant fails to timely cancel this Agreement prior to the renewal date (no less than 30 days), the participant remains obligated to North Dakota Small Business Association™ for the total amount of the renewal fee. Failure to pay or timely request cancellation will result in the initiation of legal action by North Dakota Small Business Association™ against participant for collection of the owed renewal fees. Participant has fourteen (14) days to honor payment by completing a new online application with valid credit / debit card data and the required supporting documentation. Failure to resolve the owed renewal fee payment within 14 days after email notification is sent by North Dakota Small Business Association™ informing the participant company's point of contact that payment was not received, will entitle North Dakota Small Business Association™ to commence collection and / or other legal recourse procedures as outlined in the Dispute Resolution Section of this Agreement on the 15th day after initial renewal fee payment failure.

If for any reason North Dakota Small Business Association™ is unable to successfully process payment for the renewal fee, North Dakota Small Business Association™ reserves the right to require that You complete a new online application and provide a new and valid payment method in lieu of the automatic annual renewal. The unsuccessful processing of renewal fee payment does not terminate this Contract or your obligation to honor the renewal fee, and will constitute a breach of contract. Such breach of contract entitles North Dakota Small Business Association™ to pursue legal recourse as outlined in Dispute Resolution section of this Agreement to recover the owed renewal fee.

C. "Chargebacks"

"Chargebacks" constitute a breach of this Contract. Any chargeback filed is a direct breach of this Contract and does not nullify the monies owed to North Dakota Small Business Association™ Business Certifications, Inc. You agree that North Dakota Small Business Association™ Business Certifications, Inc., may immediately take legal action against You in response to a chargeback filed by you or in connection with this Agreement to recover the fees paid to North Dakota Small Business Association™, as well as reasonable legal fees, filing fees, and other associated costs North Dakota Small Business Association™ Business Certifications, Inc., accumulates attempting to recover these fees via legally-binding arbitration administered by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree and understand that you will be liable for up to three (three (3)) times the application fee in damages as well as reasonable legal fees, filing fees, and other associated costs North Dakota Small Business Association™ Business Certifications, Inc., accumulates attempting to recover these fees via legally-binding arbitration administered by American Arbitration Association, in accordance with the Dispute Resolution clause herein. You agree and understand that North Dakota Small Business Association™ reserves the right to respond to your chargeback filing in addition to or in lieu of initiating Arbitration in accordance with the Dispute Resolution section of this Agreement and does not waive its right to initiate Arbitration at any time.

5. FORFEITURES, DENIALS, & REAPPLICATION REQUIREMENTS.

Every applicant for voluntary-participation in the North Dakota Small Business Association™ Business Certification program(s) may submit their required supporting documentation in .pdf format only one (1) time for review. North Dakota Small Business Association™ must receive this one (1) and only submission of required supporting documentation via fax in one (1) transmission (at (512) 852-4629) or email in one (1) attachment (at paperwork@northdakotasmallbusinessassociation.com) in .pdf format within fourteen (14) days of electronically submitting this Application, as evidenced by North Dakota Small Business Association™ receipt. Upon receipt of Your one (1) and only submission in .pdf format, North Dakota Small Business Association™ will notify You via email (ie. "Certification Status" email), of your company's acceptance (ie. "Certification Issued" email) into a North Dakota Small Business Association™ Business Certification program(s) or any errors, omissions and / or deficiencies in your application. Required Supporting Documentation that contains any errors, omissions, and / or deficiencies in the required supporting documentation will be deemed invalid and result in the denial of your application to voluntarily participate in a North Dakota Small Business Association™ Business Certification program(s). You can appeal this denial, free of charge, by following the procedures detailed in Section "5. DENIED APPLICATION." of this contract.

(A) FORFEITED APPLICATIONS

Applications for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) will be forfeited with no right to refund or credit for the fees paid to process this electronically submitted Application in any of the following circumstances:
(1) applicant's submission of supporting documentation was not received by North Dakota Small Business Association™ within fourteen (14) days of the date the Application was electronically submitted;
(2) applicant's required supporting documentation was not received in one (1) attachment .pdf format via email at paperwork@northdakotasmallbusinessassociation.com or .pdf format via one (1) fax transmission fax at (512) 852-4629;
(3) applicant failed to appeal the denial of its application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) within fourteen (14) days of the date of denial.
(4) applicant's Authorization Letter was not received within fourteen (14) days after the date North Dakota Small Business Association™ emailed the Authorization Letter to the participant's point-of-contact.

Forfeited applications result in the immediate termination of the application process, the non-refundable forfeiture of all fees paid in connection with the application, and the refusal of all additional documentation submissions in connection with that applicant. Forfeited applications are not subject to the annual renewal fee nor are they required to send written notification 30-days before the annual renewal date cancelling participation in the North Dakota Small Business Association™.

(B) DENIED APPLICATION / APPEAL PROCESS

Upon denial of Your application for voluntary-participation in the North Dakota Small Business Association™ Business Certification program(s), You will have fourteen (14) days to appeal in accordance with the following procedures:

(1) Complete a new online application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) (at no additional cost), available at www.northdakotasmallbusinessassociation.com;
(2) Re-Submit new required supporting documentation including a newly signed, dated, and notarized sworn affidavit for each program in which you seek to participate.
(3) Provide an professionally written Appeal Letter stating your understanding of the reason(s) for application denial;
(4) Submit in one (1) attachment .pdf format via email to paperwork@northdakotasmallbusinessassociation.com or one (1) fax transmission to (512) 852-4629.

Applications appealed and subsequently denied by North Dakota Small Business Association™ are immediately terminated, with no right to refund or credit.

Failure to submit supporting documentation in one (1) attachment .pdf format via email to paperwork@northdakotasmallbusinessassociation.com or one (1) fax transmission to (512) 852-4629 and within the fourteen (14) day time period will result in forfeiture of Your right to appeal the decision and thereby terminates Your application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s).

(C) CERTIFICATION ENROLLMENT AND EXPIRATION DATE

The enrollment or effective date of Your voluntarily-participation in the North Dakota Small Business Association™ Business Certification program(s) will be the date on which North Dakota Small Business Association™ completes the processing of Your application for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s), including the processing of your payment.

The North Dakota Small Business Association™ Business Certification expires 365 calendar days from the date this electronic Application is submitted and payment is processed. During a leap year, the expiration date will not exceed 366 calendar days from the date of this electronic submission.

6. AUDIT.

You agree that North Dakota Small Business Association™ may audit your company at any time within the term of this Contract by requiring all persons relied on to achieve the 51% ownership interest requirement to execute a new North Dakota Small Business Association™ sworn affidavit. You will be advised of an audit via an "Audit Notification Email" from North Dakota Small Business Association™.

The newly executed sworn affidavit must be submitted in one (1) attachment .pdf format via email to paperwork@northdakotasmallbusinessassociation.com or one (1) fax transmission to (512) 852-4629 within fourteen (14) days of the date the Audit Notification Email was sent. North Dakota Small Business Association™ audit procedures adhere to the same certification application procedures as outlined in Section "3. REQUIRED SUPPORTING DOCUMENTATION." Failure to comply with the North Dakota Small Business Association™ audit or failure to satisfy the certification application procedures as outlined in Section "3. REQUIRED SUPPORTING DOCUMENTATION" will constitute a breach of this Contract and will be addressed in accordance with the due process policies of North Dakota Small Business Association™, as set forth herein.

(i) Audit- Due Process

Failure to complete the due process procedures of the audit within fourteen (14) days of the date North Dakota Small Business Association™ sent the Audit Email Notification will constitute a breach of Contract and will result in the termination of Your voluntary-participation in the North Dakota Small Business Association™ Business Certification program(s). Termination will be effective on the 15th day after the date the Audit Email Notification was sent by North Dakota Small Business Association™. Such breaches of contract causing termination of your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) constitutes a forfeiture of your voluntary participation in the Business Certification program(s), and affords you no right to refund or credit for lost fees. Your terminated status will be published on the website www.northdakotasmallbusinessassociation.com; You will be required to cease-and-desist all promotion and usage of North Dakota Small Business Association™ Business Certification program(s) except in a factually accurate reference to your past and current status with North Dakota Small Business Association™, or in reference to the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com.

7. PROFESSIONAL CODE OF CONDUCT AND ETHICS.

You agree that your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) is subject to the North Dakota Small Business Association™ professional code of conduct policy, which prohibits:

  • Criminal Conviction;
  • False or Fraudulent Representations;
  • Slanderous Statements in Federal Communications Commission Regulated Media or Electronic Media; and
  • Libelous Statements in Print or Electronic Media.

You agree that violations of the Professional Code of Conduct constitute a breach of this Contract and will be addressed in accordance with the audit, due process, professional code of conduct policies, and / or slander / libel due process policies of North Dakota Small Business Association™ as set forth herein.

You agree to conduct Your business activities in an ethical manner and in accordance with the criminal laws of the State of North Dakota and United States of America. In the event You or Your company are convicted of a crime related to the promotion of Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s), the conviction will constitute a breach of contract and will be addressed in accordance with the due process policies of North Dakota Small Business Association™ as set forth herein.

(i) Professional Code of Conduct and Ethics- Due Process

In the event You or Your company is convicted of a crime that is either directly or indirectly related to the promotion of Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s), You are required to notify North Dakota Small Business Association™ via email within five (5) days (sent to paperwork@northdakotasmallbusinessassociation.com ), and providing the following information regarding the criminal conviction:

  • Court of Jurisdiction
  • Case Number
  • Disposition

Failure to notify North Dakota Small Business Association™ within five (5) days of a criminal conviction that was directly or indirectly related to Your promotion of Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) will result in the suspension of Your company's Business Certification, effective on the 6th day after the date of criminal conviction. Your suspended status will be published on the website www.northdakotasmallbusinessassociation.com; You will be required to cease-and-desist all promotion and usage of North Dakota Small Business Association™ Business Certification program(s) except in a factually accurate reference to your past and current status with North Dakota Small Business Association™, or in reference to the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com. This suspension will remain in effect until the 365th day after the date of You electronically submitted this application for voluntarily participation in the North Dakota Small Business Association™ Business Certification program(s). Any suspended status may be relieved based upon the filing of an appeal of the conviction in a court of jurisdiction, if North Dakota Small Business Association™ is notified via email (sent to paperwork@northdakotasmallbusinessassociation.com) within five (5) days of the date the appeal was filed. On the 365th day, Your voluntary participation in the Business Certification program(s) will expire.

(A) SLANDER AND LIBEL

Any slanderous or libelous communications made by You shall constitute a breach of this Contract and may involve civil actions by North Dakota Small Business Association™ or any of its affiliates or partners against You and Your company. In the event North Dakota Small Business Association™ or any of its affiliates or partners learns of any slanderous or libelous communications made by you, an email entitled "Cease and Desist" will be sent from North Dakota Small Business Association™ to the company point-of-contact recognized by North Dakota Small Business Association™. Failure to immediately adhere to the cease-and-desist email will result in the suspension of You and Your company from voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) as civil legal remedies are pursued. Your suspended status will be published on the website www.northdakotasmallbusinessassociation.com; You will be required to cease-and-desist all promotion and usage of North Dakota Small Business Association™ Business Certification program(s) except in a factually accurate reference to your past and current status with North Dakota Small Business Association™, or in reference to the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com. Subsequently, on the 365th day after the date this Application was electronically submitted, Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) will expire.

(B) USE OF INTELLECTUAL PROPERTY

You agree that North Dakota Small Business Association™ holds all rights, title, and interest in all North Dakota Small Business Association™ publicity and intellectual property, including other rights related to intangible property, unless otherwise indicated. You agree that North Dakota Small Business Association™ materials are the intellectual property of North Dakota Small Business Association™ and your use, assignment, and / or possession of North Dakota Small Business Association™ materials may be terminated in accordance with the North Dakota Small Business Association™ due process policies, as set forth herein.

You agree that the North Dakota Small Business Association™ Certification Number assigned to you upon Certification is the intellectual property of North Dakota Small Business Association™ Business Certifications, Inc. You agree that the listing of Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) will be displayed on the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com, and that North Dakota Small Business Association™ Business Certifications, Inc., is the issuing agency and sole party responsible for the content maintained on the North Dakota Small Business Association™ website as it relates to You and Your company's voluntary participation in the North Dakota Small Business Association™ Business Certification program(s).

(i) Use of Intellectual Property- Due Process

Upon termination of Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s), You are required to cease-and-desist all promotion of Your voluntary participation in North Dakota Small Business Association™ Business Certification program(s) except in a factually accurate reference to your past and current status with North Dakota Small Business Association™, or in reference to the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com.

8. PRIVACY AND COMMUNICATION.

Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) will be publicly disclosed on the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com. Information disclosed will include (1) the enrollment date; (2) expiration date; (3) company full legal name; (4) company assumed name or trademark name; (5) North Dakota jurisdiction of registration; (6) each owner's name used in the calculation of 51% ownership interest of the business; (7) assigned North Dakota Small Business Association™ Certification Number; and (8) current status as participant in the Business Certification program(s) including suspension(s) and termination(s).

You agree to abide by the due process policies of North Dakota Small Business Association™ and acknowledge that the status listed in the North Dakota Small Business Association™, www.northdakotasmallbusinessassociation.com may include "SUSPENDED" or "TERMINATED" as of the date such status was issued in accordance with the due process policies of North Dakota Small Business Association™.

You agree and consent that telephone conversations through wireline, landline, cellular, and / or electronic communication media may be recorded by North Dakota Small Business Association™ for "quality control" measures without prior verbal notification or the presence of a "beep tone."

Recognized forms of communication between you and North Dakota Small Business Association™ are to be (1) email communication sent to paperwork@northdakotasmallbusinessassociation.com or other authorized email address of North Dakota Small Business Association™; (2) telephone communication using the phone number of (512) 201 - 2827; and / or (3) fax communication using the fax number of (512) 852 - 4629. The preferred communication method with North Dakota Small Business Association™ is email to paperwork@northdakotasmallbusinessassociation.com.

You agree and consent that North Dakota Small Business Association™ reserves the right at all times to disclose any information provided by you to North Dakota Small Business Association™ as North Dakota Small Business Association™ deems necessary to satisfy any chargeback filing, applicable law, regulation, legal process or governmental request. You acknowledge and agree that North Dakota Small Business Association™ reserves the right to edit, refuse to post, or to remove any information or materials from its website relating to your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s), in whole or in part, at the sole discretion of North Dakota Small Business Association™.

(A) EXCESSIVE COMMUNICATION AND ABUSE POLICY

North Dakota Small Business Association™ maintains an "Excessive Communication and Abuse Policy" applicable to any and all prospects, applicants, and participants voluntarily participating in the North Dakota Small Business Association™ Business Certification program(s). Actions constituting violation of the Excessive Communication and Abuse Policy are as follows:

  • Repeated telephone calls encompassed within a 48-hour period as defined by North Dakota Small Business Association™
  • Repeated voice mails encompassed within a 48-hour period as defined by North Dakota Small Business Association™
  • Repeated emails contained within a 48-hour period as defined by North Dakota Small Business Association™
  • Spam emails and spam facsimiles as defined by North Dakota Small Business Association™
  • Using raised voices or exhibiting a verbally aggressive demeanor towards an agent of North Dakota Small Business Association™, as defined by North Dakota Small Business Association™
  • Questioning the credibility or validity of North Dakota Small Business Association™ as defined by North Dakota Small Business Association™
  • Failing to perform due diligence in acquiring public and private sector common knowledge, thereby requiring North Dakota Small Business Association™ to perform educational services as defined by North Dakota Small Business Association™
  • Repeated attempts by a company representative, not the recognized "point-of-contact" with North Dakota Small Business Association™, to engage in communication with North Dakota Small Business Association™ as defined by North Dakota Small Business Association™

Violation of the aforementioned Excessive Communication and Abuse Policy by a prospect, applicant, or voluntary participant in the North Dakota Small Business Association™ Business Certification program(s) will result in issuance of a "warning" or "advisory" to the prospect, applicant, or participant via email from North Dakota Small Business Association™. Continued excessive communication and abuse will result in the termination of this Contract by North Dakota Small Business Association™ in accordance with the its process policies, as set forth herein.

(i) Excessive Communication and Abuse Policy- Due Process

North Dakota Small Business Association™ exercises due process in response to violations of this Agreement through Excessive Communication and Abuse. North Dakota Small Business Association™ will email a Report to the point-of-contact, outlining Your Company's violations of the North Dakota Small Business Association™ Excessive Communication and Abuse Policy. You will be given the opportunity to respond in a professionally written letter stating Your understanding of our Excessive Communication and Abuse Policy and why You violated the Excessive Communication and Abuse policy. Your explanatory letter must be sent via email to paperwork@northdakotasmallbusinessassociation.com within 5-days of the date the Report from North Dakota Small Business Association™ was sent. Upon receipt of your professionally written letter, North Dakota Small Business Association™ will attempt to address Your issues / concerns for a final time via email. During this period of disciplinary conduct, North Dakota Small Business Association™ reserves the right to suspend communication between You, Your agents and North Dakota Small Business Association™.

Any second violation of the North Dakota Small Business Association™ Excessive Communication and Abuse policy will result in the termination of Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s). Your terminated status will be published on the website www.northdakotasmallbusinessassociation.com; You will be required to cease-and-desist all promotion and usage of North Dakota Small Business Association™ Business Certification program(s) except in a factually accurate reference to your past and current status with North Dakota Small Business Association™, or in reference to the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com. Such breaches of contract causing termination of your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) constitutes a forfeiture of your voluntary participation in the Business Certification program(s) and affords you no right to refund or credit for lost fees.

9. LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT OWNER, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, INDEPENDENT CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR ANY OF THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS, WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, EVEN IF North Dakota Small Business Association™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In no event shall North Dakota Small Business Association™ its partners, affiliates, or advertisers be liable to You or any other person for any damages, including for loss of profit or goodwill, for any matter, whether such liability is asserted on any breach of this Contract or its incorporated agreements and policies for any loss in profits or revenues, a lack of financial benefit, or your inability to gain participatory access in any diversity or procurement program, even if North Dakota Small Business Association™ has been advised of the possibility of such damages.

North Dakota Small Business Association™ liability is limited to the total amount paid by You for this application to voluntarily participate in the North Dakota Small Business Association™ Business Certification program(s).

10. DISCLAIMER OF WARRANTIES.

North Dakota Small Business Association™ expressly disclaims all warranties and guarantees of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or assurities that voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) will produce any monetary gain or participatory access in any diversity or procurement program.

11. INDEMNIFICATION.

You agree to defend, indemnify and hold harmless North Dakota Small Business Association™ ("North Dakota Small Business Association™ Business Certifications, Inc.") and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to the use or promotion of your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) by you or your company or affiliates.

In addition, You agree to indemnify and hold North Dakota Small Business Association™ harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You. This indemnification is in addition to any indemnification required of You as outlined elsewhere in this Agreement.

In the event that North Dakota Small Business Association™ or any of its affiliates or partners, is notified of a pending law suit, receives notice of the filing of a law suit, or learns that North Dakota Small Business Association™ or any of its affiliates or partners is the subject or legal action or threatened legal action, North Dakota Small Business Association™ may seek a written confirmation from You concerning Your obligation to indemnify North Dakota Small Business Association™. North Dakota Small Business Association™ will send the "Indemnification Request" via email to your Company point-of-contact requesting this confirmation. The Indemnification Request email is deemed to have been received by You (through your Company's point-of-contact) within five (5) days of the date it was sent by North Dakota Small Business Association™.

Written confirmation of indemnification must be received by North Dakota Small Business Association™ via email (at paperwork@northdakotasmallbusinessassociation.com) within ten (10) days after the North Dakota Small Business Association™ sent the Indemnification Request email to Your company's point-of-contact. The written confirmation must be signed by any person who completed a North Dakota Small Business Association™ sworn affidavit used in the computation of the 51% majority ownership interest requirement for voluntary participation in the North Dakota Small Business Association™ Business Certification program(s). In additionl to any other remedies available to the North Dakota Small Business Association™, failure to respond to the indemnification request or failure to provide this written confirmation will result in the suspension of Your Company's voluntary participation in the North Dakota Small Business Association™ Business Certification program(s). Suspension will be effective beginning the 11th day after the Indemnification Request email notification was sent by North Dakota Small Business Association™. Your suspended status will be published on the website www.northdakotasmallbusinessassociation.com; You will be required to cease-and-desist all promotion and usage of North Dakota Small Business Association™ Business Certification program(s) except in a factually accurate reference to your past and current status with North Dakota Small Business Association™, or in reference to the North Dakota Small Business Association™ website, www.northdakotasmallbusinessassociation.com. Any suspended status shall remain in effect unless and until North Dakota Small Business Association™ receives written confirmation, signed by an appropriate person as outlined above. On the 365th day after the date this Application was electronically submitted (or your renewal payment was processed), Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s) will expire.

You agree that North Dakota Small Business Association™ shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify North Dakota Small Business Association™ of any such claim promptly, in writing, through U.S. Postal Service Certified Mail at North Dakota Small Business Association™ Business Certifications, Inc., 1531 32nd Ave S Suite 102, Fargo, North Dakota, USA, 58103 , and allow North Dakota Small Business Association™ to control the proceedings. You agree to cooperate fully with North Dakota Small Business Association™ during such proceedings.

12. DISPUTE RESOLUTION.

You understand and agree that North Dakota Small Business Association™ is located in the State of North Dakota for all legal and non-legal purposes. Therefore, this Agreement will be interpreted under and governed by the laws of the State of North Dakota without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against us arising out of or in relation to this Agreement will be exclusively resolved through arbitration.

The failure of North Dakota Small Business Association™ to seek relief for your breach of any duty under this Agreement or otherwise will not waive the right of North Dakota Small Business Association™ to seek relief for any subsequent breach or claim.

Any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled with binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules under the Claims Programs. You agree to waive all rights to a jury trial and All claims will be administered by "desk" arbitration, allowing only for the submission of documents. Judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction.

You agree to pay North Dakota Small Business Association™ administrative fees in the amount of $150 per hour, in addition to legal expenses, upon initiation of a legal action against North Dakota Small Business Association™. You agree to pay North Dakota Small Business Association™ administrative fees in the amount of $150 per hour, in addition to legal expenses, for any legal action initiated by North Dakota Small Business Association™ against You, the cardholder on file stated on the electronic application submission, the owner's stated on this electronically submitted Agreement, and / or sworn affidavits used in the computation of the 51% majority interest for participation in a North Dakota Small Business Association™ Business Certification program(s). You agree that in the event you prevail in full on your arbitration claim that the arbitrator may but is not required to order a refund of any fees paid to North Dakota Small Business Association™ but in no event will North Dakota Small Business Association™ be required to pay any portion of the arbitration fees.

YOU AND North Dakota Small Business Association™ AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OR PROMOTION OF YOUR VOLUNTARY PARTICIPATION IN THE North Dakota Small Business Association™ BUSINESS CERTIFICATION PROGRAM(S); INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT, EXCEPT THAT OWNER RESERVES THE RIGHT TO ELECT AT ITS SOLE DISCRETION TO PURSUE ANY ACTION ARISING OUT OF COPYRIGHT AND/OR TRADEMARK INFRINGEMENT IN COURT INSTEAD OF THROUGH ARBITRATION.

13. NOTICES.

You agree that all notices (except for notices concerning breach of this Contract) from North Dakota Small Business Association™ to You may be posted on the Web site, www.northdakotasmallbusinessassociation.com. Notices concerning breach of Contract will be sent to either the email address provided in this electronically submitted Application or to the point-of-contact's email address, as maintained on file with North Dakota Small Business Association™. In either case, delivery of all notices shall be deemed to have been made five (5) days after the date sent.

Notices from You to North Dakota Small Business Association™ must be sent by email to paperwork@northdakotasmallbusinessassociation.com.

14. HEADINGS.

The headings in this Contract are descriptive only and in the event of a conflict between a heading and the underlying terms of this Contract, the terms of this Contract shall control.

15. ENTIRE AGREEMENT.

You agree that this Agreement, including policies and agreements referenced herein, constitutes the complete and entire Agreement (Contract) between You and North Dakota Small Business Association™ regarding Your voluntary participation in the North Dakota Small Business Association™ Business Certification program(s). You understand and agree that there are no further understandings, agreements, or representations with respect to your relationship with North Dakota Small Business Association™ that are not specified in this Agreement. You understand and agree that any additional provisions that may appear in any communication from you will not bind us.

16. SEVERABILITY.

You agree that the terms of this Contract are severable. If any part of this Contract is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with the applicable law as closely as possible, in line with the original intention of both parties to the Contract. The American Arbitration Association will interpret the contract in accordance with its Commercial Arbitration Rules under the Claims Programs. All claims will be administered by "desk" arbitration, allowing for submission of documents only, and judgment on the award rendered by the arbitrator(s) may be entered in any court with jurisdiction. The remaining terms and conditions of the Contract (not deemed unenforceable) will remain in full force and effect.

17. WAIVER.

The failure of North Dakota Small Business Association™ to enforce any of the provisions within this Contract or its incorporated agreements and policies against You or others shall not be construed as a waiver of the right of North Dakota Small Business Association™ thereafter to enforce such provisions. You understand and agree that no term or provision of this Agreement will be deemed to have been wiavved and no breach will be deemed to have been consented to unless such waiver or consent is in writing and signed by the party to be bound.

18. FORCE MAJEURE.

North Dakota Small Business Association™ ("North Dakota Small Business Association™ Business Certifications, Inc., of Fargo, North Dakota, USA"), will make every effort to keep the Web site, www.northdakotasmallbusinessassociation.com operational. However, certain difficulties and other factors outside of its control, may from time to time, result in temporary service interruptions. You agree not to hold North Dakota Small Business Association™ liable for any of the consequences of such interruptions. Access to the North Dakota Small Business Association™ via the websites of North Dakota Small Business Association, Inc., ("www.northdakotasmallbusinessassociation.org") and North Dakota Small Business Association™ ("www.northdakotasmallbusinessassociation.org") are provided at the sole discretion of the website owner(s).

19. CLAIM LIMITATIONS.

OWNER AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT A CAUSE OF ACTION WITHIN ONE (1) YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.

YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST OWNER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.

20. SURVIVAL.

Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, and 21 shall survive any termination or cancellation of this Contract.

21. NO THIRD PARTY BENEFICIARIES.

Nothing in this Agreement/Contract, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Contract, except as expressly provided in this Contract.

www.northdakotasmallbusinessassociation.com/terms-of-service.php
Last Updated: May 10, 2021.
Copyright 2010 - PRESENT. All Rights Reserved.

Corporate Headquarters:
North Dakota Small Business Association™ Business Certifications, Inc.
Fargo, North Dakota, 58103, USA.