startUPnetwork.com terms and conditions of user agreement.
please carefully review these terms and conditions of use before using this website. any use of this website creates a binding agreement to comply with these terms and conditions. if you do not agree to these terms, you should exit this site now.
thank you for reviewing our terms and conditions of use agreement (hereinafter the "agreement") for the startUPnetwork.com web site. this website is owned and operated by startUPnetwork.com, inc., a delaware corporation (hereinafter "startUPnetwork"). this agreement applies to persons who visit, register with, subscribe to, or otherwise use the startUPnetwork web site ("users"). if you do not agree to be bound by the terms and conditions of this agreement, do not use or access startUPnetwork services ("services") or the startUPnetwork.com web site (hereinafter referred to collectively as "startUPnetwork.com" or "the site").
startUPnetwork.com is a web site that bringing together individuals and companies interested in information about business, investing, and financing. the site in the future may allow users to interact with each other. users may post information about their company and their funding needs. other users may reply to those postings. the service is designed to bring entrepreneurs and investors together, however startUPnetwork is not a bank, investment advisory service, lender, stock promoter or investor. please note that the information provided by companies and individuals through the site is not provided by startUPnetwork and does not necessarily reflect the views or opinions of startUPnetwork. other than possible subscription fees charged to users for posting on the site, startUPnetwork does not receive any other fees from users, including but not limited to referral fees, and startUPnetwork does not take equity positions in its users.
availability and eligibility.
our site and services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. without limiting the foregoing, our services are not available to children (persons under the age of 18). this site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. by offering this site and services no distribution or solicitation is made by startUPnetwork to any person to use the site or services in jurisdictions where the provision of such site or services is prohibited by law. competitors are not authorized to access or use our website without express, written permission from us in advance of such access. if you do not qualify, please do not use our site. further, if you register with the site, your startUPnetwork account user id and password may not be transferred, loaned, given or sold to another party. if you are registering as a business entity, you represent that you have the authority to bind the entity to this agreement. startUPnetwork does not discriminate on the basis of gender, race, ethnicity, nationality, religion, sexual orientation, or any other protected status.
the site provides you with the opportunity to learn about business and investment opportunities and interact with other entrepreneurs and investors. you may view the site at the designated cost. you must first register. if you would like to post your capital needs to the site you must first register with us and pay the subscription fee for the subscription you have chosen. as further discussed below, you acknowledge and agree that startUPnetwork does not warrant or guarantee the accuracy, reliability, completeness, timeliness, or other qualities relating to the information provided by users of the site or startup's own information provided.
user's responsibilities and acknowledgements.
you are prohibited from any use of the site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. your information and activities on the site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, trojan horses, or the like, or other computer programming routines that may damage or interfere with the site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our isps or other suppliers. you may not copy, reproduce, modify, create derivative works from, distribute or publicly display any site content or user information without the prior expressed written permission of startUPnetwork and the appropriate third party, as applicable. you may not consummate any transaction on the site, or that was initiated using our service, that could cause us to violate any applicable law, statute, ordinance or regulation. you may not forward, resend, or otherwise retransmit the email or emails received through the site. you acknowledge and agree that nothing in the content of your post shall constitute an offer to buy or an offer to sell any security nor does any post constitute a solicitation of interest in any contemplated securities offering.
without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our users or us. we can also terminate this agreement at any time, with or without cause. if you violate or otherwise breach this agreement, startUPnetwork will not issue any refunds of any amount to you.
links to third party sites.
there may be links established between this site and other sites on the world wide web and internet which are not under the control of, or maintained by, startUPnetwork. such links do not necessarily constitute an endorsement by startUPnetwork of those sites. startUPnetwork undertakes no obligation to monitor such sites, and you agree that startUPnetwork is not responsible for the content of such sites or any technical or other problems associated with any such third-party sites, links or usage.
the site contains intellectual property that is protected by the laws of the united states as well as international law. you may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the site except as permitted under the applicable laws.
please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email. in addition, if you contact another user through our service, then your name and email address will be shared with such users and they may contact you by email and other methods. you agree not to abuse the startUPnetwork system in any manner. you shall not use the startUPnetwork system to solicit other users or sell or promote any products or services. failure to comply with this requirement may result in account suspension or termination, in the sole discretion of startUPnetwork.
disclaimer of warranties.
we, our officers, directors, agents, employees, contractors and suppliers provide our website and service "as is" and without any warranty or condition, express, implied or statutory. we, our officers, directors, agents, employees, contractors and suppliers specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, title and non-infringement. some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. this warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. in addition, we specifically disclaim all warranties that the site or the services will meet your requirements, will always be available, accessible, uninterrupted, timely, secure or operate without error; will be accurate, adequate, reliable, complete, and we disclaim the usefulness of any of the content. we disclaim liability for errors or omissions in the content; any implied warranty arising from course of dealing or usage of trade; and any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of startUPnetwork. additionally, there are no warranties as to the results of your use of the content. to the full extent permissible under applicable law, startUPnetwork disclaims any and all such warranties.
if a dispute arises between one or more users, each of you agree to release startUPnetwork, our officers, directors, agents, employees, contractors and suppliers from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. you waive the protections afforded by california civil code § 1542, which says: "a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." you acknowledge and agree that this waiver is an essential and material term of this agreement, and that without such waiver, this agreement would not have been entered into by startUPnetwork.com.
limitation of liability.
in no event shall we, our officers, directors, agents, employees, contractors and suppliers, be liable for lost profits or any special, incidental or consequential damages however arising, including negligence, arising out of or in connection with this agreement and/or your use of the website. our liability to you or any third party in any circumstance is limited to the lesser of a) the amount of fees you pay to us in any one year or b) $100. if the foregoing limitation is found to be invalid, you agree that startUPnetwork's total liability for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
you agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party, including but not limited to any intellectual property claim, arising out of (i) materials and content you submit to, post to or transmit through the site, or (ii) your violation of this agreement or your use of the site in violation of this agreement or in violation of any applicable law. you further agree that you will cooperate fully in the defense of any such claims. startUPnetwork reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of startUPnetwork. you further agree to indemnify and hold harmless startUPnetwork from any claim arising from a third party's use of information or materials of any kind that you post to the site.
you agree that any controversy or claim arising out of or relating to this agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving startUPnetwork, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the american arbitration association. any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. the arbitration shall be conducted exclusively in newton, massachusetts and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. either you or startUPnetwork may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in newton, massachusetts necessary to protect the rights or property of you or startUPnetwork pending the completion of arbitration.
startUPnetwork grants a limited license to each participant to make personal use only of the site in accordance with this agreement. this license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the site and the services, making any derivative of the site or the services, the collection and use of participant e-mail addresses or other participant information or listings, or any data extraction or data mining whatsoever. you agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our site and not use any device, software or routine that may interfere with the operation of the site.
failure by startUPnetwork to enforce any of its rights under this agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
right to change this agreement.
startUPnetwork reserves the right to change any of the terms and conditions contained in this agreement or any policies or guidelines governing the site or services, at any time and in its sole and independent discretion. any changes will be effective upon the posting of the changes on the site. you are responsible for reviewing the changes. changes to referenced policies and guidelines may be posted without notice to you. your continued use of this site and the services following startUPnetwork's posting of any changes will constitute your acceptance of such changes or modifications. if you do not agree to any changes to this agreement, do not continue to use the services or this site.
this is the entire agreement governing the use of the startUPnetwork site. no delay by either party shall waive rights under this agreement. this agreement is governed by, and to be construed in accordance with, the laws of the state of massachusetts, without regard to that state's conflict of laws provisions. by using the site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in the state of massachusetts. no waiver of any breach of this agreement shall be a waiver of any other provision of this agreement, and no waiver shall be valid unless in writing signed by the parties. if any provision of this agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of startUPnetwork in accordance with applicable law and the remainder of the agreement shall remain in full force.
except as explicitly stated otherwise, any notices to startUPnetwork shall be given by postal mail to startUPnetwork.com, inc., 350 boylston street, newton, mass. 02459 (in the case of startUPnetwork). you agree that you will notify startUPnetwork in writing of any claim or dispute concerning or relating to the site and the information or services provided through it and give startUPnetwork a reasonable period of time to address it before bringing any arbitration or legal action.
Last updated: march 25, 2008 © 2007-2008 startUPnetwork. all rights reserved.