Terms of Use

Privacy Policy

(Effective as of August 1, 2011)

The Startup America Partnership, LLC (“THE STARTUP AMERICA PARTNERSHIP, LLC” or “we” or “us”),. is committed to protecting the personal information you provide when you visit the Startup America Partnership Entrepreneur Platform site (the "Site")  (“Your Information”). Your use of the Site is governed by this Privacy Policy. THE STARTUP AMERICA PARTNERSHIP, LLC reserves the right to modify this Privacy Policy at any time by posting a notice on the home page of the Site. Your use of the Site after the notice is posted indicates you agree to the changes. This Privacy Policy is incorporated into THE STARTUP AMERICA PARTNERSHIP, LLC’s Terms of Use so please be sure to read all of the terms that govern your use of the Site. Capitalized terms used without definitions in this Privacy Policy are defined in the Terms of Use.

Collection of Your Information

Your Information is collected on the Site when you voluntarily provide it. We also automatically collect certain online activity information as described below under “Log Files.” For example, THE STARTUP AMERICA PARTNERSHIP, LLC collects Your Information (including your username and email address) when you register and open an account. 

If you decide to accept a partner offer to use a product or service, Your Information may be collected by that partner to determine your qualifications for that offer. In some instances, information could be transferred between the Site and the partner organization for the sole purpose of facilitating that transaction.   When you provide Your Information to the partner company or organization, collection and use of Your Information will be governed by the privacy policy the partner.

Use and Disclosure of Your Information

THE STARTUP AMERICA PARTNERSHIP, LLC will use Your Information to facilitate the services you request through the Site. 

THE STARTUP AMERICA PARTNERSHIP, LLC may use Your Information (i) to facilitate the services you request through the Site; (ii) to contact you about your request; (iii) to contact you about your participation in partner offers and related activities; (iv) to provide updates; (v) to pursue additional discussion and/or collaboration with you and (vi) for other purposes you opt in to accept;  (vii) to contact you after you participate in our platform for follow-up and (viii) for research purposes, provided any research results will be published in an anonymous form.

THE STARTUP AMERICA PARTNERSHIP, LLC may also use Your Information in an aggregated, anonymous form consistent with THE STARTUP AMERICA PARTNERSHIP, LLC’s charitable purposes, including disclosing it to certain third parties for research purposes (e.g., THE STARTUP AMERICA PARTNERSHIP, LLC’s affiliated entities, the Kauffman Foundation, the Case Foundation and similar entities and entities retained or partnered to assist THE STARTUP AMERICA PARTNERSHIP LLP in its research efforts) and publishing research based on analysis of data.

THE STARTUP AMERICA PARTNERSHIP, LLC will not sell or rent Your Information to third parties for marketing purposes and will require its service providers with whom it shares Your Information not to use Your Information (in aggregated or other forms) for direct marketing, advertising, or other commercial purposes.

THE STARTUP AMERICA PARTNERSHIP, LLC may also use Your Information for such purposes as contacting you to let you know about updates to the Site, activities related to the Site, and THE STARTUP AMERICA PARTNERSHIP, LLC’s related charitable activities. You may unsubscribe to these messages by following the procedures described in the correspondence.

THE STARTUP AMERICA PARTNERSHIP, LLC reserves the right to disclose Your Information to respond to a subpoena, court order or other legal process, to defend THE STARTUP AMERICA PARTNERSHIP, LLC against legal claims, or if THE STARTUP AMERICA PARTNERSHIP, LLC determines it is necessary to investigate or take action in connection with activities that THE STARTUP AMERICA PARTNERSHIP, LLC suspects are illegal, threaten the safety of any person or are in violation of these Terms.

Cookies

THE STARTUP AMERICA PARTNERSHIP, LLC may use “cookies” to make it easier for users to access the Site. A cookie is a small amount of data that is sent to your browser from a Web server and stored on your computer's hard drive.  We use cookies to allow faster and easier access to your account information, monitor traffic on the site and measure traffic patterns to improve functionality.  You may disable cookies in your internet browser, but this may limit your access to the Site and affect your use of certain features or functions. Web pages may in the future contain electronic images known as Web beacons  (sometimes called clear giffs or Web bugs) or other advanced technologies that are useful in the provision of services to you.  We may use such devices to verify compliance with our terms and conditions of use or with any promotions on the site.

Collection and Use of Anonymous Information/Log Files

As is true of most Web sites, we gather certain information automatically and store it in log files.  This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, on-site bookmarks, on-site subscriptions, clickstream data and site navigation history. 

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users’ movements around the site and to gather information about our user base as a whole.  THE STARTUP AMERICA PARTNERSHIP, LLC may collect this non-personal information even if you are not registered on the Site.

We may link this automatically-collected data to personally identifiable information.  This information is tied to personally identifiable information to provide you with feedback about your experiences on the Site and to provide you with information that you may find interesting or informative.  THE STARTUP AMERICA PARTNERSHIP, LLC may also link this information to a particular individual or combine it with personal information if THE STARTUP AMERICA PARTNERSHIP, LLC has determined that it needs to identify a user because of safety or security issues or to comply with legal requirements.  We do not share this automatically-collected data with third parties except those that provide direct services to us to facilitate the upkeep and operation of the Site

Security

THE STARTUP AMERICA PARTNERSHIP, LLC uses reasonable precautions to host and maintain the Site in a secure manner and to safeguard it from unauthorized access but it does not take special precautions, such as Secure Socket Layer encryption.  Your Information is stored in limited access servers. Neither THE STARTUP AMERICA PARTNERSHIP, LLC nor its service providers can guarantee that any transmission of personal information over the Internet will be secure and you use the Site at your own risk.

Location of Servers and Transfer of Your Information

Your Information will be transferred to and stored in servers located in the United States. 

Your Consent

By using the Site, you expressly consent to this Privacy Policy and the uses of Your Information described in it. By providing Your Information on the Site, you consent to transfer of Your Information to the United States and storage, processing and use of Your Information in the United States and to the transfer of Your Information to THE STARTUP AMERICA PARTNERSHIP, LLC’s service providers.  You further consent to use and disclosure of Your Information as set forth in this Privacy Policy.

Review and Update of Your Information; Deactivation of Your Account

You should be sure that your Profile is always accurate and complete. You may review your Profile at any time. You may modify your Profile information at any time by logging into your account. If you wish to deactivate your registration at any time, if your Account is in good standing, you may log into your account and click on the "Delete Account" feature.  However, we may retain a copy of Your Information for archival purposes.

Privacy Principles

Notice

As noted above, THE STARTUP AMERICA PARTNERSHIP, LLC may use Your Information for charitable and non-commercial research purposes and may otherwise disclose information to third parties consistent with this policy. See "Collection of Your Information" and "Use and Disclosure of Your Information" above. Individuals may contact THE STARTUP AMERICA PARTNERSHIP, LLC, LLC at the address set forth with any inquiries or complaints or to request information about the types of third parties (other than third party processors) to which it has disclosed your information and the choices and means it offers for limiting use and disclosure of personal information.

Choice

For disclosures not covered by the "Use and Disclosure of Your Information" section above, THE STARTUP AMERICA PARTNERSHIP, LLC will give you the opportunity to choose whether Your Information will be disclosed to a third party (other than service providers) or used for a purpose incompatible with the purpose for which it was originally collected or subsequently authorized by the individual. By posting a Profile, you are choosing to have Your Information shared in the THE STARTUP AMERICA PARTNERSHIP LLC community.  See "Use and Disclosure of Your Information" and "Review and Update of Your Information; Deactivation of Your Account" above for details on how to update or remove Your Information.

Access

Your Profile information is easily accessible by you.  See "Review and Update of Your Information; Deactivation of Your Account"

Security

THE STARTUP AMERICA PARTNERSHIP, LLC takes reasonable precautions to protect personal information from loss, misuse, unauthorized access, disclosure, alteration and destruction. See "Security" above.

Limitations

THE STARTUP AMERICA PARTNERSHIP, LLC's adherence to these principles may be limited to the extent required to respond to a legal or ethical obligation and to the extent expressly permitted by an applicable law, rule or regulation.

Contact THE STARTUP AMERICA PARTNERSHIP, LLC.

If you have any questions about this Privacy Policy, please contact THE STARTUP AMERICA PARTNERSHIP, LLC at:

The Startup America Partnership
1717 Rhode Island Avenue, NW
Washington D.C. 20036
Tel: 202-467-2056
Email: privacy@startupamericapartnership.org

Terms of Use

(Effective as of August 1, 2011)

Please read these Terms of Use carefully, as they contain certain limitations, exclusions and a Binding Arbitration provision.

1. The Startup America Partnership, LLC; The Site.  Welcome to the Startup America Partnership Entrepreneur Platform site (the "Sitewhich is operated by the The Startup America Partnership, LLC, LLC (“THE STARTUP AMERICA PARTNERSHIP, LLC” or “we” or “us”), a not-for-profit organization that is exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.  THE STARTUP AMERICA PARTNERSHIP, LLC operates the Site to further THE STARTUP AMERICA PARTNERSHIP, LLC’s charitable mission.

2. Acceptance of Terms; Changes to Terms.  These Terms of Use, including the Privacy Policy (collectively, “Terms”), govern your use of the Site.  Please read all of the Terms carefully.  By using the Site, you agree to comply with and be bound by these Terms.  If you do not agree to the Terms, you are not authorized to use the Site.  THE STARTUP AMERICA PARTNERSHIP, LLC reserves the right to modify the Terms at any time by posting a notice on the home page of the Site.  Your use of the Site after the notice is posted indicates you agree to the changes.

3. Privacy.  Please be sure to review THE STARTUP AMERICA PARTNERSHIP, LLC’s Privacy Policy, which is part of these Terms.

4. Registration; Suspension or Termination of Account; Access from other Countries; Special Accounts and Roles.

(A) Registration.  To access certain information and functionality, you must register on the Site and open a user account (“Account”).  You are responsible for maintaining the confidentiality of the user name and password associated with your Account and for all activity under your Account, and you may not transfer your Account to another party. You warrant that all information you provide to THE STARTUP AMERICA PARTNERSHIP, LLC is accurate and we request that you update your Account as necessary to keep it accurate and complete.  There may be eligibility requirements for registration.

(B) Suspension or Termination of Account, Access or Group Activity.  THE STARTUP AMERICA PARTNERSHIP, LLC reserves the right in its sole discretion to suspend or terminate your Account or to block access to the Site at any time (i) if it suspects that you have not complied with these Terms or any specific terms relating to specific services accessed through the site, (ii) if we receive multiple notices of infringement in accordance with the Digital Millennium Copyright Act relating to your Account(s), or (iv) for other reasons that THE STARTUP AMERICA PARTNERSHIP, LLC determines in good faith are necessary or appropriate, including if THE STARTUP AMERICA PARTNERSHIP, LLC suspects you are using or attempting to use the Site in any way that violates any applicable laws or regulations.  THE STARTUP AMERICA PARTNERSHIP, LLC may also suspend or terminate your Account for prolonged inactivity in your Account. We may also terminate your access to or administrative rights in any User Input Room (as defined in paragraph 5) for any of the above reasons.  You agree that neither THE STARTUP AMERICA PARTNERSHIP, LLC nor its service providers are liable to you for any loss or damages that may result from our refusal to provide you access to the Site.  You may terminate your Account at any time.

(C) Access from other Countries.  THE STARTUP AMERICA PARTNERSHIP, LLC makes no representation or warranty that any content accessible through the Site are appropriate or available for use in locations outside the United States. The Site is for use by United States registered startups only.  If you choose to access the Site from other locations, you do so at your own risk and are responsible for compliance with all applicable laws. You are not authorized to access the Site from any location where doing so would be illegal. 

5. Use of Site for Lawful Purposes; Export Controls; Confidential Information; User Content.

(A) Lawful Purposes.  You agree to use the Site only for lawful purposes and not in any way that would violate (i) the rights of THE STARTUP AMERICA PARTNERSHIP, LLC, a business plan competition organizer, a university, any other organization affiliated with a competition or any other party or (ii) any applicable law. 

(B) Export Controls.  The United States export control laws regulate the export of technology originating in the United States, including electronic transmission of information and software to foreign countries and to certain foreign nationals.  You agree to comply with all applicable export control laws and regulations including the Export Administration Regulations maintained by the Bureau of Industry and Security of the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control, the International Traffic in Arms Regulations maintained by the Department of State, and the Uniting and Strengthening of America by Providing Appropriate Tools to Intercept and Obstruct Terrorism Act of 2001 and not to transfer, by electronic transmission or otherwise, any content published on the Site to either a foreign destination or foreign national in violation of applicable law.

(C) Confidential Information.  If you are a partner, you may receive personal or confidential information of individual users (“User Confidential Information”) in connection with competition or a request for information.  You shall use at least the same degree of care in safeguarding the User Confidential Information as confidential as you use in safeguarding your own confidential information, but in no event shall you use less than due diligence and care.  You shall only forward such User Confidential Information to others within your organization on a need to know basis. 

(D) User Content.  

(i) THE STARTUP AMERICA PARTNERSHIP, LLC may offer the opportunity for you and others to contribute ideas, comments, questions and other communications to or from the Site (the "User Content") in message boards, group areas, communities, blogs, competition sub-sites, e-mail and other features of the Site ("User Input Rooms") that may be offered from time to time and may be operated by THE STARTUP AMERICA PARTNERSHIP, LLC, by a partner, or by a third party. User Content shall include any company information and related information you submit through the Site.  You shall not (nor cause any third party to) use the Site to perform any illegal activities (including defaming, abusing, harassing, stalking, threatening or otherwise violating the legal rights - such as rights of privacy -of others) or immoral activities.  Specifically, but not by way of limitation, you shall not undertake any of the following types of activities:

1. transmitting information that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;

2. transmitting any material that contains software viruses, Trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

3. impersonating anyone or any entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity;

4. advertising or disseminating commercial content;

5. interfering with or disrupting the Site;

6. disrupting the activities or enjoyment of the Site for other users; or

7. collecting or storing personal data about other users, except as needed for activities permitted on the Site.

(ii) You should exercise discretion before relying on information contained in User Content. You agree to evaluate, and assume all risks associated with the use of any User Content, including without limitation any risk relating to any reliance on the accuracy, completeness, or usefulness of such User Content. THE STARTUP AMERICA PARTNERSHIP, LLC assumes no responsibility for the information contained in User Content.

(iii)  You agree that THE STARTUP AMERICA PARTNERSHIP, LLC, in its sole discretion, may remove any User Content from a User Input Room offered by THE STARTUP AMERICA PARTNERSHIP, LLC, at any time and for any or no reason. You agree that THE STARTUP AMERICA PARTNERSHIP, LLC shall not be liable to you or any third party for any deletion of any User Content on the Site.  You may remove your User Content from the Site at any time.

(iv)  You acknowledge and agree that THE STARTUP AMERICA PARTNERSHIP, LLC may preserve and disclose User Content if required to do so by law or if THE STARTUP AMERICA PARTNERSHIP, LLC believes in good faith that such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to a claim that User Content violates any third party's rights, or protect the right, property or personal safety of THE STARTUP AMERICA PARTNERSHIP, LLC, any users of the Site, or the public. You also acknowledge that the technical processing and transmission of the Site, including without limitation User Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

(v)  THE STARTUP AMERICA PARTNERSHIP, LLC may offer the opportunity for you and others to contribute User Content in User Input Rooms operated by a third party that may be offered from time to time. THE STARTUP AMERICA PARTNERSHIP, LLC assumes no responsibility or liability whatsoever for such User Content, or for the use of any User Input Room operated by a third party. Without limitation to the foregoing, THE STARTUP AMERICA PARTNERSHIP, LLC shall not be liable for the collection, use or disclosure of any personal information by, in or through a User Input Room operated by a third party. In such circumstances, you must refer to any terms of service and privacy statement of the third party operating the User Input Room.

(vi)  Subject to any applicable law and the requirements of the THE STARTUP AMERICA PARTNERSHIP, LLC's privacy policy, any communications sent by you via this Site or otherwise to THE STARTUP AMERICA PARTNERSHIP, LLC (including without limitation User Content) are on a non-confidential basis, and THE STARTUP AMERICA PARTNERSHIP, LLC is under no obligation to refrain from reproducing, publishing or otherwise using them in any way or for any purpose related to the Site or its users. You shall be responsible for the content and information contained in any communication sent by you to this Site or otherwise to THE STARTUP AMERICA PARTNERSHIP, LLC, including without limitation for its truthfulness and accuracy.

(vii)  THE STARTUP AMERICA PARTNERSHIP, LLC does not claim any ownership rights in the User Content you post to the Site.  When you post User Content to the Site, you grant to THE STARTUP AMERICA PARTNERSHIP, LLC, and you represent and warrant that you have the right to grant to THE STARTUP AMERICA PARTNERSHIP, LLC, an irrevocable, perpetual, non-exclusive, transferable, royalty free, worldwide license (with the right to sublicense) to copy, publicly perform, publicly display, reformat, translate, excerpt, distribute, create derivative works from and otherwise use such User Content for any purpose on or in connection with the Site.  Notwithstanding the foregoing, THE STARTUP AMERICA PARTNERSHIP, LLC will not publicly display your business plans without your prior consent, but may display a summary or abstract of your plan unless you opt out of such display.

(vii)  The administrator of any User Input Room determines its membership and may terminate access by any individual user at any time.Intellectual Property.

 

(E) Content.  The content on the Site is owned by or licensed to THE STARTUP AMERICA PARTNERSHIP, LLC  As between you and THE STARTUP AMERICA PARTNERSHIP, LLC, THE STARTUP AMERICA PARTNERSHIP, LLC owns all rights, including copyrights, patents, and other intellectual property rights, in the Site.  You agree not to copy any content on the Site (unless it is User Content generated by you or you are permitted to do so by a Competition Agreement) or to modify, decompile, disassemble, create derivative works from or otherwise reverse engineer any content on the site, or other content or computer programs associated with the Site. 

(F)  Restrictions on Data Usage.  You may not, without the prior written permission of THE STARTUP AMERICA PARTNERSHIP, LLC, use any computer code, data mining software, robot, bot, spider, scraper, or other automatic device, program, algorithm or methodology having similar process or functionality, or any manual process, to deeplink to, redistribute, retransmit, republish, commercially exploit, display or copy in bulk the content found on or through the Site.

(G) Trademarks.  THE STARTUP AMERICA PARTNERSHIP, LLC owns all rights in its name, trademarks, service marks, logos, and other indicia of source (“THE STARTUP AMERICA PARTNERSHIP, LLC Trademarks”), including The Startup America Partnership, LLC and iStart.  You may not use any THE STARTUP AMERICA PARTNERSHIP, LLC Trademarks in connection with any products or services or in any manner that could tarnish any THE STARTUP AMERICA PARTNERSHIP, LLC Trademarks or disparage THE STARTUP AMERICA PARTNERSHIP, LLC.  The trademarks of the partners are owned by, and may be used only as permitted by, the applicable partners.  The trademarks of the various schools and other organizations are owned by, and may be used only as permitted by, the applicable school or other organization. 

(H) Notice and Procedure for Making Claims of Copyright Infringement/Digital Millennium Copyright Act.  THE STARTUP AMERICA PARTNERSHIP, LLC will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws.  If you believe that your work has been copied on the Site in a way that constitutes copyright infringement, please provide THE STARTUP AMERICA PARTNERSHIP, LLC’s Copyright Agent with the following information in a notice (“Notice”).  To be effective, the Notice must be in writing and contain the following information (DMCA 17 U.S.C. §512(c)(3)):

(i) an electronic or physical signature of the person who is authorized to act on behalf of the copyright owner;

(ii) a description of the copyrighted work that you claim has been infringed;

(iii) identification of the copyrighted work you claim is being infringed (and, if possible, a location where an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published);

(iv) identification of the URL or other specific location on the Site where the material that you claim is infringing is located (you must include enough information so that THE STARTUP AMERICA PARTNERSHIP, LLC can locate the material);

(v) your address, telephone number, and email address;

(vi) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(vii) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Send the Notice to THE STARTUP AMERICA PARTNERSHIP, LLC’s Copyright Agent for notice of claims of copyright infringement as follows:

The Startup America Partnership
1717 Rhode Island Avenue, NW
Washington D.C. 20036
Tel: 202-467-2056
Email: copyright@startupamericapartnership.org

6. Links.  From time to time, THE STARTUP AMERICA PARTNERSHIP, LLC may provide links to other sites that may be of interest to you.  Such links do not mean that THE STARTUP AMERICA PARTNERSHIP, LLC endorses any other site or its products or services.  You acknowledge that THE STARTUP AMERICA PARTNERSHIP, LLC has no control over or responsibility for the content or practices of any other site.  Please read any terms of use and privacy policies that govern activities on other sites. 

7. Disclaimers.  THE SITE IS OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND YOU USE IT AT YOUR OWN RISK.  NEITHER THE STARTUP AMERICA PARTNERSHIP, LLC NOR ITS SERVICE PROVIDERS MAKE ANY WARRANTY, EXPRESS OR IMPLIED, THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE INFORMATION ON THE SITE, INCLUDING THE BUSINESS PLANS AND CONTENT PROVIDED BY OTHER USERS, WILL BE ACCURATE, TIMELY OR COMPLETE.  TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, THE STARTUP AMERICA PARTNERSHIP, LLC AND ITS SERVICE PROVIDERS EXPRESSLY DISCLAIM ANY WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED). 

8. Limitation of Liability.  NEITHER THE STARTUP AMERICA PARTNERSHIP, LLC NOR Any Service Provider WILL BE LIABLE UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY (WHETHER OR NOT THE STARTUP AMERICA PARTNERSHIP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE), FOR (A) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION OR LOST DATA) ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SITE OR (B) ANY DAMAGES, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS, INACCURACIES OR SIMILAR PROBLEMS ARISING IN CONNECTION WITH YOUR USE OF, INTERACTION WITH, OR TRANSACTIONS THROUGH THE SITE.  NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE STARTUP AMERICA PARTNERSHIP, LLC'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE STARTUP AMERICA PARTNERSHIP, LLC, AND IF NO AMOUNTS WERE PAID WILL NOT EXCEED $1000. THESE LIMITATIONS WILL APPLY REGARDLESS OF ANY FAILURE OF ESSENTIAL PURPOSE.  SOME STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES AND SO SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. 

9. Indemnity.  By using the Site, you agree to indemnify and hold THE STARTUP AMERICA PARTNERSHIP, LLC and its directors, officers, employees, licensors, service providers, contractors, and agents (“THE STARTUP AMERICA PARTNERSHIP, LLC Indemnitees”) harmless from any claims, liability, loss, damage or expense (including reasonable attorneys’ fees and costs) that any THE STARTUP AMERICA PARTNERSHIP, LLC Indemnitee may incur based on your use of the Site, your transactions through the Site, the competitions operated through the Site, your breach of these Terms or any competition rules, your violation of the rights of a third party or your violation of any law, including export control laws.

10. Contact Us.  The Site is owned and operated by The Startup America Partnership, LLC  If you have any questions about any of these Terms, please contact us at:

The Startup America Partnership
1717 Rhode Island Avenue, NW
Washington D.C. 20036
Tel: 202-467-2056
Email: terms@startupamericapartnership.org

11. Dispute Resolution

(A) Governing Law.  These Terms are governed by the laws of the United States and the laws of the State of Missouri applicable to contracts executed and performed within Missouri, without giving any effect to any conflict of laws rules that may result in the application of the laws of any other jurisdiction.  These Terms are deemed executed and enforceable in the State of Missouri.

(B)  Binding Arbitration. If a dispute arises between you and THE STARTUP AMERICA PARTNERSHIP, LLC, each party irrevocably agrees to (i) resolve the dispute through binding arbitration conducted in Kansas City, Missouri in accordance with the rules of the American Arbitration Association (“AAA”), (ii) bring any dispute to enforce arbitration under these Terms or to pursue injunctive relief exclusively in the federal and state courts located in Jackson County, Missouri, United States of America and (iii) submit to the exclusive jurisdiction of those courts and waive any objection to the exclusive jurisdiction of those courts based on forum non conveniens or other grounds.  Each party will be responsible for its expenses and an equal share of the arbitrators' and administrative fees of arbitration.  Notwithstanding the foregoing, THE STARTUP AMERICA PARTNERSHIP, LLC will have the right to seek temporary injunctive relief if it determines it is necessary in connection with any breach of these Terms that could result in irreparable harm to THE STARTUP AMERICA PARTNERSHIP, LLC (including infringement of any intellectual property).

12. General Provisions

(A) Assignment.  You may not assign these Terms or any of your obligations under them without THE STARTUP AMERICA PARTNERSHIP, LLC’s prior written consent and any attempted assignment is null and void.  THE STARTUP AMERICA PARTNERSHIP, LLC may assign these Terms and any of its obligations under them at any time for any reason.

(B) Relationship of Parties.  You and THE STARTUP AMERICA PARTNERSHIP, LLC are independent contractors and these Terms may not be used to construe a joint venture, employee, partnership, agency or similar relationship between you and THE STARTUP AMERICA PARTNERSHIP, LLC..

(C) Electronic Communications; Binding and Entire Agreement; English Language.  You agree that (i) these Terms constitute an agreement “signed by you” under any applicable law; (ii) any notices or other communication regarding your use of the Site may be provided to you electronically (by posting on the Site, by email, and other electronic formats) and will be considered received upon posting or other distribution, but THE STARTUP AMERICA PARTNERSHIP, LLC reserves the right to provide communications in paper format.  These Terms (including the Privacy Policy) constitute the entire agreement between you and THE STARTUP AMERICA PARTNERSHIP, LLC and supersede all other agreements, oral or written, concerning its subject matter.  You consent to the use of the English language in these Terms and all documents or notices relating to them and your use of the Site.

(D) Including.  The word “including” as used in these Terms means “including, without being limited to.”

(E) Severability.  If any of these Terms is determined to be unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms will be enforceable to the fullest extent permitted by law.

(F) No Waiver.  THE STARTUP AMERICA PARTNERSHIP, LLC’s failure to enforce these Terms in every instance in which they might apply is not a waiver of any of THE STARTUP AMERICA PARTNERSHIP, LLC’s rights, and THE STARTUP AMERICA PARTNERSHIP, LLC reserves its right to take all legal steps available to enforce these Terms.

(G) Survival.  Paragraphs 3, 5(C), 6, 8, 9, 10, 12 and 14 (and any other sections that by their intent should survive) will survive any termination of these Terms.

(H) Force Majeure.  If THE STARTUP AMERICA PARTNERSHIP, LLC is unable to perform its services or any of its obligations due to any cause beyond its reasonable control, including computer, telecommunications or other equipment failures, electrical power failures, strikes, labor disputes, shortage of labor or materials, civil disturbances, fires, floods, storms, explosions, acts of God, war, terrorist acts, governmental actions, non-performance of third parties or similar reasons, then THE STARTUP AMERICA PARTNERSHIP, LLC’s performance will be excused and the time for performance will be extended until a reasonable time following the end of the event of force majeure.