Terms of Service for StartUp National

Introduction to StartUp National’s Platform

1. Welcome to the digital platforms and mobile app services provided by StartUp National, Inc. (“SUN,” “our,” or “we”). These Terms of Service (the “Terms”) constitute a legal agreement between SUN and you, detailing the rules and conditions under which you may access and utilize our online and mobile offerings (“our Platform”), linked to www.startupnational.com and any related subdomains, applications, features, and content (collectively, “our Websites”).

For the context of these Terms, “you” refers to the individual user of our Platform. Should you access our Platform on behalf of an organization, company, or entity, then (a) “you” encompasses both you and that entity, (b) you assure and declare that you hold the capacity to engage the entity with these Terms, and (c) your entity takes legal and financial responsibility for your use of our Platform and the use by others connected with your entity, including employees and contractors.

At SUN, we’re committed to cultivating a vibrant, interactive, and encouraging experience for our users while safeguarding our rights and those of our users. These Terms of Service have been crafted to govern your utilization of our Platform. Together with our affiliates, advertisers, and partners, we offer content and services to you subject to these stipulations. By accessing or using our Platform, you confirm that you’ve read, grasped, and consent to be bound by these Terms, whether or not you are a registered user or client of our Platform. If you disagree with any part of these Terms, please refrain from accessing our Platform.

Content on Our Platform

1 The information, content, services, and software exhibited on or used with our Platform, such as advertising, directories, articles, reviews, images, illustrations, codes, data, and the general appearance of our Websites (referred to as the “Content”), are safeguarded by relevant copyrights and intellectual property rights. They are the exclusive property of SUN, its affiliates, licensors, and suppliers. Unauthorized copying, modification, use, or publication of any part of our Platform is strictly forbidden.

2 Content includes logos and trademarks (collectively, “Marks”) owned by SUN and others. No Marks may be employed without the prior written approval of SUN.

3 Subject to your continuous adherence to these Terms, SUN grants you a personal, non-commercial license to access and use our Platform. You may download or print individual sections of the Content for personal use, provided you retain all notices of copyright. You may not use our Platform for other purposes or in any manner that violates our Privacy Policy or other agreements, unless explicitly allowed by SUN.

4 Special provisions may apply to you if you are using our Platform via an app store, such as Apple’s App Store or Google Play. These provisions are dictated by the terms of the respective app store and govern your use of the app, including warranties, liability, and compliance with third-party agreements.

5 If you wish to use the Content beyond the permissions in these Terms, please contact our licensing team at [email protected]

6 Our ability to offer free access to our content relies on the paid advertising displayed on our Platform. You agree not to interfere with the delivery or display of advertisements.

7 You agree to use our Platform lawfully and not engage in any unlawful, offensive, or objectionable conduct. You may not modify our Platform or use any method to interfere with its proper functioning.

8 SUN observes the intellectual property rights of others. If you believe your copyrighted work has been infringed, please contact our designated copyright agent as detailed in the Digital Millennium Copyright Act, providing specific information as required by law.

Content Provided by Other Content Providers

Our Service encompasses the distribution of content provided by other content providers, such as non-staff bloggers, commenters, and content owned by other providers published with their permission on StartUp National. StartUp National is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content resides solely with those content providers and is not guaranteed by StartUp National. According to relevant legislation, StartUp National is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors, or omissions in such content. Given the volume of information posted by such providers, our Service cannot and does not monitor all of the information posted on StartUp National and assumes no duty to monitor for inappropriate or inaccurate content. Neither StartUp National nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation arising from such content. Notwithstanding the above, StartUp National reserves the right to remove information provided by other information content providers at any time at its sole discretion.

User-Generated Content; Comments

1. StartUp National’s interactive areas are provided to give users an engaging forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to our Service. StartUp National reserves the right to delete, move, or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.

2. By interacting with StartUp National, you represent and warrant that you own or control all rights to the content you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not harm any person or entity. You grant StartUp National a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive right and license to use, modify, display, store, distribute, reproduce, and create derivative works from all information you provide.

3. Please be aware that StartUp National does not accept unsolicited materials or ideas for use or publication and is not responsible for any similarities between its content and ideas transmitted to StartUp National.

4. If you believe that user-generated content on StartUp National infringes your intellectual property rights or those of others, please reference our guidelines on how to notify us.

Posting Rules

1. Interactive areas of StartUp National are designed to foster public debate. We respect differences in opinion and encourage freedom of speech, but we reserve the right to remove any content posted on our Service at any time for any reason. When using StartUp National, please refrain from posting material that violates our guidelines.

2. Violations of certain posting rules may be referred to law enforcement authorities. StartUp National reserves the right to disclose any information as necessary to comply with legal requirements.

3. Continued – When using StartUp National, please do not post material that:

• contains inappropriate language, personal attacks, or expressions of bigotry, racism, discrimination, or hate.
• is defamatory, false, misleading, deceptive, fraudulent, or unfair.
• violates any right of StartUp National or any third party.
• discriminates on any grounds, or refers to such matters in a manner prohibited by law.
• violates any local, state, or federal law, or encourages such evasion or violation.
• interferes with any third party’s use and enjoyment of StartUp National.
• promotes or offers goods or services, except in areas specifically designated for such purpose.
• uploads copyrighted material without express permission.
• uses or attempts unauthorized access to others’ accounts, passwords, or systems.
• includes illegal content, harmful files, or otherwise violates the security of StartUp National.
• “inflames” any individual or entity, or repeats prior posting of the same message under multiple threads.
• is unrelated to the specific topic or disguises the origin of the post.
• collects or stores other users’ personal data.

4. A violation of certain posting rules may be referred to law enforcement authorities. StartUp National reserves the right to disclose any information as necessary to satisfy any law, regulation, or governmental request.

Service Security Rules

You are strictly prohibited from violating or attempting to infringe upon the security of StartUp National’s Service, which includes but is not limited to:

• (a) accessing data or entering a server or account that you are not permitted to access,
• (b) attempting to analyze, scan, or assess the vulnerability of a system or network or breach security without proper consent,
• (c) attempting to disrupt the service to any user or network, by methods like submitting a virus to StartUp National, overloading, “flooding”, or “crashing”,
• (d) altering any TCP/IP packet header or part of the header information in any email, forum, or newsgroup posting. Any breach of system or network security could lead to civil or criminal legal action. StartUp National will explore incidents that might involve such violations and may work with law enforcement authorities in prosecuting those involved in such breaches.

Communications with Third Parties through StartUp National

Any dealings or interactions through StartUp National with entities other than StartUp National are exclusively between you and the third party. Some areas of StartUp National may enable you to carry out transactions or purchase goods or services. In most instances, these activities will be managed by our third-party collaborators and vendors. StartUp National will not be held accountable for any goods, services, resources, or content accessible through such third-party engagements, nor for any associated damages. We advise you to carefully review the third party’s policies and ensure you agree with them before proceeding with any transaction. All concerns, complaints, or questions regarding materials provided by third parties should be directed straight to the third party.

Changes to Agreement

At StartUp National, we reserve the right to alter, refine, include or exclude elements of this agreement at our own discretion and without prior notice. However, in the event of significant alterations to this agreement, we commit to giving you at least 30 days’ notice. It’s essential that you revisit this agreement from time to time, as continuing to use our service signifies your acceptance of any changes we make. StartUp National may also adjust or cease certain features of our service, such as community areas, content availability, or the required technology for access, and these changes may take effect immediately. Your continued interaction with our service after these changes have been posted signifies your agreement to the adjustments.

Tools for Content Control

As part of our commitment to safe online experiences, especially for younger users, we want to draw your attention to various tools and commercial products that can help parents control access to potentially inappropriate material. These protections, which include computer hardware, software, and filtering services, can be effective measures to restrict access to content that might be unsuitable for minors. Comprehensive information about these protections and their effectiveness can be found through reputable sources, reflecting efforts such as the Children’s Internet Protection Act.

Disclaimer of Warranties

1. StartUp National offers all content and services, including third-party links, strictly on an “as-is” or “as-available” basis, without any guarantees or warranties. We can’t control or vouch for the content or availability of external services linked to our website, and thus can’t be held responsible or liable for them. StartUp National does not endorse, nor is responsible for the accuracy, quality, advertising, products, or other materials from external services. Additionally, we aren’t liable for any damages or losses connected to the use of or reliance on content, goods, or services from these external sources. We strive to provide accurate information, but the content on our service may have inaccuracies or typographical errors. We may periodically make updates to the information.

2. We reserve the right to enhance, modify, or change our service, including these terms, at any time. While our service may include a search feature, StartUp National explicitly disclaims any responsibility for the content, availability, completeness, or accuracy of information in our search index or directory. We make no representations and, to the extent permitted by law, disclaim all warranties, whether express or implied. This includes warranties regarding the suitability, accuracy, reliability, completeness, or timeliness of the content, services, products, text, graphics, links, or other elements within our service, or the results obtained from using them. StartUp National does not guarantee uninterrupted or error-free functions, defect corrections, or that our service or server is free of viruses or other harmful components. Any necessary maintenance, repair, or correction of your computer and equipment is your responsibility and at your cost.

Limitation of StartUp National’s Liability; Your Responsibility

1. Within the maximum extent allowed by law, StartUp National and its affiliates shall never be held liable for any direct, indirect, incidental, special, or consequential damages that arise from using or being unable to use our content. This includes unauthorized access to or changes in your transmissions or data, any content errors or omissions, and even if we have been advised of such potential damages. StartUp National is not responsible for any user’s actions. Our total liability to you for any claims, proceedings, liabilities, obligations, damages, losses, or costs shall never exceed the lesser of the amount you’ve paid to StartUp National or USD $100. This agreement does not limit or exclude StartUp National’s liability for fraudulent misrepresentation, death, or personal injury due to our negligence, or any liability that cannot be limited or excluded by law.

2. As part of your agreement to use our service, you commit to indemnify, defend, and hold StartUp National harmless, as well as our suppliers, affiliates, partners, licensors, officers, directors, shareholders, members, employees, representatives, contractors, and agents from all claims. This includes, but isn’t limited to, claims for defamation, trade disparagement, privacy, and intellectual property infringement, and any damages (including legal fees and court costs) arising from or related to allegations regarding (a) your use of our service; (b) StartUp National’s use of content or information you provide, as long as it’s consistent with this agreement; (c) material posted or transmitted through your membership account, regardless of who posted it; and, (d) any violation of these terms of service by you. If you are unhappy with any StartUp National material or any of our terms and conditions, your only remedy is to stop using our service.

General

1. The Terms of Service for StartUp National include all notices, policies, disclaimers, and other terms found on our Service. If there’s a conflict between these and any other terms, the Terms of Service outlined here will prevail.

2. StartUp National’s Terms of Service are governed by California law and will be interpreted and enforced as such. Any legal action related to enforcing this agreement must be filed in the federal or state courts in California. Any claims or causes of action you might have concerning our Service must begin within one year of the occurrence, or they will be considered barred.

3. Should any part of these Terms be deemed unlawful or unenforceable, it won’t impact the validity of the remaining provisions. StartUp National’s failure to enforce or exercise any part of these Terms or associated rights doesn’t waive those rights or provisions. These Terms won’t be altered by the conduct between parties or trade practice, and the section titles are for convenience only, without legal or contractual effect. Should these Terms end for any reason, you agree that the following provisions will continue to apply: limitations on Content use, the licenses you’ve granted to StartUp National, and any other just or appropriate provisions. StartUp National can assign its rights and obligations under these Terms to any party without notifying you.

4. For California users, specific consumer rights are provided under California Civil Code Section 1789.3. Complaints can be directed to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by phone at (800) 952-5210.

Service Contact

If you need to discuss these Terms of Service or have questions or concerns, please reach out to us at [email protected].