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Terms of Service for GregoryShepard

 

BY ACCESSING, USING THE SITES AND/OR SIGNIFYING YOUR ACCEPTANCE TO THESE TERMS OF SERVICE, YOU AGREE TO THE TERMS OF THIS AGREEMENT AS AND/OR ON BEHALF OF THE PERSON/ENTITY LISTED IN THE REGISTRATION PAGE, SIGN UP OR SIMILAR FORM (“REGISTRATION FORM”), THE ORGANIZATION OR THE INDIVIDUAL LISTED ON THE REGISTRATION FORM.  BY USING THIS AND OTHER STARTUP SCIENCE WEBSITES (the “Site(s)”), PARTICIPATING IN ANY BOSS STARTUP SCIENCE, LLC (“Startup Science”) COURSES OR IN ANY COMMUNITY THAT MAY BE REGISTERED TO AN ORGANIZATION, OR ACCESSING ANY ONLINE RESOURCES FROM STARTUP SCIENCE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY (COLLECTIVELY, “TERMS”), AND YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS. YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND YOU AND THE ORGANIZATION, ENTREPRENEUR, INVESTOR, OR ADVISOR OR THE INDIVIDUAL LISTED ON THE REGISTRATION FORM TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS, OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF SERVICE) TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE AND DO NOT HAVE THE AUTHORITY AS PROVIDED HEREIN, YOU MAY NOT AND SHALL NOT ACCESS, OR USE THE SERVICE (AS DEFINED IN THESE TERMS OF SERVICE).

 

These Terms of Service ("Agreement" or “Terms of Service”) are a binding contract between the Organization, an Entrepreneur, Entrepreneur Affiliated, Investor, or Advisor, as the case may be (with an Organization, Entrepreneur, Investor, or Advisor also being referred to herein as  “You” “you”, “your” or “Your”) and GregoryShepard (referred to herein as “Startup Science” or “Us” or “We”). Unless you are an employee or agent of an Organization, an Entrepreneur,  an Investor or Advisor, you are not authorized to use the Site, Startup Science Materials or any Content and any unauthorized use is strictly prohibited and unlawful. Capitalized terms have the meaning ascribed in this Agreement or in Section 23

 

If you do not agree to be bound by the Terms, please promptly exit the Site without having previously used any Startup Science Courses, Community, Content, software or any Sites, or other online materials accessed through the Sites (each and collectively, the “Startup Science Material(s)”). STARTUP SCIENCE RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATION ONLINE AT THE SITES OR ELSEWHERE ONLINE AND/OR BY PROVIDING YOU NOTICE. BY CONTINUING TO ACCESS A SITE AFTER NOTICE OF SUCH MODIFICATIONS IS PROVIDED, YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE MODIFICATIONS. Accordingly, you should read these Terms of Service from time to time for any changes. The Sites are operated by Startup Science.

 

  1. User Age and EligibilityParticipation in the Site, Community and Courses is restricted to those individuals who have registered individually as an Entrepreneur, or through an Organization, who are 18 years of age and over, or those who possess parental or legal guardian consent (if between 13 and 18 years old), and who are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties herein. By accessing the Site, you affirm that you are at least 13 years old and meet the eligibility requirements. This Site is not intended for children under 13. If you are under 13 years of age, do not use the Site. By participating in any Courses, in any Community or activities or by accessing Startup Science Materials or a Site, you affirm that you are not identified on any US trade sanctions list, including the US Department of the Treasury’s Specially Designated Nationals List (SDN List), the US Department of Commerce’s Entity List and Denied Persons List, or the US Department of State’s Nonproliferation List (“Sanctioned Entity”). Access or use of certain Courses or activities or Startup Science Materials may require compliance with additional eligibility requirements as specified in the specific course description. If you are not eligible for registration and participation or do not agree to the Terms, you may not use the Site or access certain Courses or activities or Startup Science Materials.

  2. Copyright and other protection. The Site and the curriculum, study aides, templates, software, video material, audio material, text, images, graphics, other visual material, courses and micro lessons, entrepreneur maturity model, scoring methodologies, and maturity model output documentation, and all related processes, systems and know how, and all other concepts, ideas, methods, methodologies, procedures, processes, systems, know-how, techniques, models, and templates  and other content and Startup Science Materials available on the Sites (collectively, the “Content”) and the Startup Science Materials are protected by copyright, trademark, trade secret and other applicable laws, and all Intellectual Property Rights with respect to the Startup Science Materials, Content and the Sites are agreed by you to be owned by Startup Science. The Content consists in part of, and may be delivered through, one or a series of videos of Startup Science courses, software, workshops, video conferencing sessions, or mentorships (the “Course(s)”). We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and to the extent specified for the purposes of accessing the Site. In the event that Customer has or obtains any intellectual property rights in any Content or Startup Science Materials, the Customer hereby assigns to Startup Science all right title and interest including any intellectual property rights related thereto to Startup Science. Customer agrees that it has and shall acquire no rights or interest in the Startup Science Content or Startup Science Materials .  With respect to Customer Content, either the Organization or Entrepreneur, as agreed between them, shall own the data provided to the Sites, whether through an Application or inputs,  by the Organization or Entrepreneur. With respect to Customer Content, the Organization, the Entrepreneur, the Entrepreneur Affiliated Individual the Investor or Advisor, as the case may be, hereby grants to Startup Science a nonexclusive, perpetual, royalty free, irrevocable worldwide license to use data analytics, scoring, benchmark data and other output data in an aggregated form for its own business purposes as well as to improve or develop the Sites, Startup Science Materials and the Content. Notwithstanding anything to the contrary in these Terms of Service, Startup Science or its licensors as applicable, You hereby acknowledge and agree that Startup Science owns all anonymized and/or aggregated metadata and data derived from the data provided to the Sites by You (“Anonymized Data”), which Anonymized Data shall be confidential information of Startup Science and not you. In addition, any data which you submit to or share with another Startup Science Account on the Sites may be retained by those users, on the Sites or outside the Sites and you agree that Startup Science has no control over and no responsibility for the use of such data. Startup Science may use and include any Feedback that an Organization or the Entrepreneur or Entrepreneur Affiliated Individual or the Investor or Advisor provides to improve the Site, its Content and for other related purposes. Accordingly, if you provide Feedback, you agree that Startup Science, at its option, may, and may permit their licensees, to make, have made, use, have used, reproduce, license, distribute and otherwise commercialize the Feedback in the Site, Content or in other Startup Science products, technologies or materials without the payment of any royalties or fees to you. All Feedback becomes the sole property of Startup Science and may be used in any manner Startup Science sees fit. You hereby assign to Startup Science all of its right, title and interest in and to any Feedback. Startup Science has no obligation to respond to Feedback or to incorporate Feedback into the Site or Content.

  3. Use of the Site and Content—permissions and restrictions.  You may access the Courses and Startup Science Material only for your internal business purposes and may not share or otherwise provide access to the Site, Content and Startup Science Materials to any third party who is not an employee or agent who has registered and been accepted by Startup Science to Organization, the Entrepreneur or Entrepreneur Affiliated Individual, the Investor or Advisor. Unless otherwise indicated, the Site and all the Startup Science Materials, such as without limitation text, video, audio, images, Content, and the HTML used to generate the pages are the property of Startup Science and are protected by patent, trademark and/or copyright under US or foreign laws. In consideration for your agreement to the terms and conditions contained here, Startup Science grants you a personal, non-exclusive, non-transferable license to access and use the Site and the Content strictly consistent with the terms and conditions herein. You may not copy, reproduce, duplicate, retransmit, distribute, publish, scrape, download in bulk, sell, resell, commercially exploit or otherwise transfer any Content or modify or create derivative works of the Content. The burden of determining that use of any Content, Startup Science Materials, information, software or any other content on the Site is permissible rests with you. Some content on the Site is provided by third parties, and the use of that content is subject to the terms and conditions herein as well as any rules and restrictions as indicated on the Site. You agree to be bound by all such rules and restrictions. The permission above does not include permission to copy the design elements, look and feel, or layout of the Site. Those elements are also protected by copyright law, and may not be copied or imitated in any manner.

  4. Except as specifically permitted in Section 3, you may not retransmit, copy, publish, distribute, display or otherwise make available any of the Startup Science Materials, Courses or other Content to others. In no event may you alter or modify the Courses or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site. None of the foregoing restrictions will apply to your own User Content (as defined below).

  5. Reserved rights; no violation of law or others’ rights. All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Service, and that do not infringe or violate anyone’s rights. Except as provided in these Terms of Service, You will not and will not permit any other person or entity to: (a) charge a fee to any party for access to or use of the Site, Startup Science MaterialsorContent, or charge your users, the Entrepreneurs or others for use of the Sites, Startup Science Materials or Content, except with Startup Science’s written consent; (b) copy, assign, transfer, sublicense, publicly display or perform, or redistribute the Site or the Content in whole or in part; (c) aggregate the use of the Site or Content under one Startup Science Account or registration, amongst more than one Organization or the Entrepreneur or the Investor or Advisor;(d) rent or use the Site, Startup Science Materials or Content for service bureau or time-sharing purposes or transfer your Startup Science Account inconsistent with these Terms of Service; or (e) use the Sites, Startup Science Materials or Content in a manner not specifically permitted under these Terms of Service. You agree that you will not disclose results of any benchmark or other test run on the Sites. Except as expressly permitted under applicable law, You will not modify, adapt, translate, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Sites or any confidential information or trade secret.

  6. User accounts; account termination policy. In order to fully participate in all Site activities, you must register and create a Startup Science Account. You are required to provide the organization’s name, an authorized point of contact name, a valid email address (“Email Address”), a valid mailing address, and create a user password (“Password”). In setting up your Startup Science Account, you may also be prompted or required to enter additional information, including but not limited to your name, location or other information required to confirm your identity. In addition, you agree to provide accurate and complete information when creating or updating your Startup Science Account. You are solely responsible for the activity that occurs on your Startup Science Account, and you must keep your Startup Science Account password secure. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You may not use another’s Startup Science Account without permission. We retain the option to terminate your Startup Science account, or user accounts associated with your Startup Science Account, if you or users associated with your Startup Science Account are determined by us, in Startup Science’ sole determination, to be infringing on any of Startup Science’ Intellectual Property Rights., if in the use of your account or user accounts associated with your Startup Science Account, there is a violation of any provision of these Terms of Service, a failure to comply with our requests concerning your Startup Science Account or you dissolve or liquidate, make an assignment for the benefit of creditors, file a voluntary petition of bankruptcy, or is subject to an involuntary petition in bankruptcy, or is adjudicated bankrupt or insolvent, and such assignment, petition or adjudication is not resolved or dismissed within thirty (30) days after filing.

  7. If you no longer desire to have a Startup Science Account, you may request that your Startup Science account be deleted by emailing support@startupscience.io. You agree that while we may delete your information and Customer Content from the Sites, information submitted or shared with those with Startup Science Accounts on the Sites may be retained by those users, on the Sites or outside the Sites and you agree that Startup Science has no control over and no responsibility for the use of such data.

  8. Course Registration. In order to participate in a Course offered by Startup Science, you may be required to register in the Course by selecting the Course from the list of offered courses. You may be required to provide additional information at the time of registration including, without limitation, evidence of eligibility or of successful completion of prerequisite courses. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to refuse access to the selected course or to terminate your use of the Site. You agree that you will never divulge or share access or access information to your Startup Science Account with any third party for any reason.

  9. Fees and Billing. Your access to the Sites, the Content and the Startup Science Materials and rights under these Terms are in consideration for your payment in full offees and other charges, as set forth on the Registration Form and Payment Pages. Your payment method on file with our payment processor, Stripe, will be automatically charged according to the plan, subscriptions and products you purchase, or subscribe to, unless you cancel prior to their renewal. The Sites, the Startup Science Materials, and Content are only available to Organizations, and to Entrepreneurs and Entrepreneur Affiliated Individuals that are credentialed and authorized to use and access the Startup Science Materials and Content with respect to which payment in full has been made. Organizations, Entrepreneurs, Entrepreneur Affiliated Individuals, Investors, and Advisors will each be charged directly by Startup Science as each utilizes Startup Science products and services. After the earlier of when an Entrepreneur exits or is otherwise disassociated from affiliation with an Organization, or six  months has passed since the Entrepreneur’s Application to the Organization, or the Organization no longer has an active Startup Science Account on the Sites, Startup Science reserves the right to permit the Entrepreneur and Entrepreneur Affiliated Individuals to register for use of the Sites directly through Startup Science and not through the Organization. In such event, Startup Science is entitled to rely on the representation of the Entrepreneur and Entrepreneur Affiliated Individuals regarding the status of its affiliation with an Organization.   If you have a question on whether you qualify under an existing third-party contract with an Organization that subscribes to use and access the Site, please contact support@startupscience.io. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Site or the Startup Science Materials and all such Sales Taxes shall be borne solely by and paid by You to Startup Science and deemed to be in addition to the fees charged in connection with the Service. Where applicable, You shall be responsible for all Sales Taxes and Startup Science reserves the right to collect Sales Taxes retroactively and you hereby agree to indemnify Startup Science against any such Sales Taxes imposed. We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for access to the Site or the Startup Science Materials not previously charged for) on notice as provided herein. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of Your access to the Site or the Startup Science Materials, and to ensure that your credit or debit cards or other payment instruments accepted by Startup Science, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use as provided in Section 19, in the event of any payment delinquency or for other reasons. You will not be entitled to any refund on termination or expiration for any reason. All payments once made to Startup Science are agreed to have been earned by Startup Science as of the date of payment. You will not be entitled to any refund for the partial use, access to the Site or the Startup Science Materials or credits at any time. All payments to Startup Science must be made in US dollars. If you pay in a currency other than US dollars, Startup Science may charge  you for any currency conversion costs, handling costs and specific payment method costs to You. 

  10. Promotions and Discounts. Startup Science may, from time to time, at its sole discretion, provide publicly or privately available discounts or free trials on the fees charged for access to Startup Science products, via promotion code or other means. Startup Science may create, change, alter or revoke any promotion or discount, at any time, without prior notice. If you have utilized a discount code not intended for your use, Startup Science reserves the right to charge the amounts that would have been charged had the discount not been inappropriately utilized.

  11. Content Modification or Cancellation. The Site, including the Startup Science Materials, Content and Course materials, may contain errors and omissions. Neither Startup Science nor the Sites provide legal, financial, investment, securities or accounting advice or counsel and are not licensed to do so. All information provided on the Sites and in the use of Startup Science Materials or Content are for educational purposes only. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel, discontinue, reschedule, delay, change instructors or modify any course or service.

  12. Customer & Product Support. Startup Science shall respond to  technical and platform support questions) via ticketing system available to the Organization only (not Affiliated Entrepreneurs or Entrepreneur Affiliated Individuals, by return email (or similar mechanism) during standard business hours (excluding Federal US Holidays) within 2 business days. Organization may submit a request by contacting support@startupscience.io. Support queries from all other users may be submitted via the Support function within the Site or to support@startupscience.io.

  13. User submissions and rules of conduct. Startup Science Account holders will be able to participate in online discussion forums and to submit or post comments, profiles and/or other content on the Site including communications between Organizations, Entrepreneurs, Entrepreneur Affiliated Individual, Investors and/or Advisors (collectively, “User Content”). You are solely responsible (and Startup Science is not responsible) for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site and for our all purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Site, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:

  • Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity;

  • Violates any law or regulation;

  • Is false or misleading;

  • Defames, threatens, or harasses anyone;

  • Is harmful, dangerous, abusive, or offensive;

  • Is obscene or contains pornography;

  • Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information;

  • Contains or consists of advertising or any form of commercial solicitation or activity;

  • Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site;

  • Posting or transmitting any User content that would violate any agreement you may have signed with any third party;

  • Using to threaten, harass, stalk, abuse, or otherwise violate the legal rights (including rights of privacy and publicity) of others;

  • Intercepting, or attempting to intercept, the emails or other private communications not intended for you;

  • Sending unsolicited email messages through third-party mail servers in order to relay your email or hide the origination of your email to others;

  • Requesting or otherwise soliciting information regarding illegal activities. This includes, but is not limited to, how to obtain or use pirated software, registration keys or codes for software, or illegally photocopied/scanned materials;

  • Deleting, or falsifying, any author attributions, legal notices or proprietary designations or labels in any content submitted or exchanged through the Site;

  • Using the Site in a manner that adversely affects the availability of its resources to other users;

  • Providing, publishing or disclosing personal health information or other private data of a User or any person.

  • Falsely purporting to be an employee or agent of Startup Science

  • Falsely purporting to be a moderator of the Site;

  • Causing repeated disruptive incidents;

  • Attempting to decompile, reverse engineer, disassemble, or otherwise interfere with or damage the Site. This includes, but is not limited to, the circumvention of any technological protection measures such as user authentication or password-protected material and content on the Site.

 

Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Service, and to terminate your Startup Science Account and right to use the Site, in addition to any other rights or remedies available to us. User Content and materials posted on the Site by users and third parties, and links or downloads thereof, reflect only the views of their authors and do not necessarily reflect those of Startup Science. Furthermore, Startup Science makes no warranties or representations that users will not find such content and materials inappropriate or offensive.

We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.

  1. Security Rules

Violations of system or network security may result in civil or criminal liability. Startup Science will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations. You agree that you will not violate or attempt to violate the security of the Site, including without limitation:

  • attacking, probing, scanning or testing the vulnerability of, breaching security of, disrupting, disabling or harming the Site, or servers or networks connected to the Site

  • using the Site via any automated means, such as a screen-scraper or robot. This is not intended to exclude the use of assistive technology for your own use, such as screen-readers

  • sending any unsolicited emails to other Site Users or forging any TCP/IP packet header or any part of the header information in any email

  • displaying the Site within a frame on another website without consent, or place pop-up windows or other disruptive technologies over it

  • accessing data not intended for you or logging into a server or account you are not authorized to access

  • attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, "flooding", "Mailbombing" or "Crashing"

  • impersonating another person or improperly allowing another to use your registration information to access the Site

  • attempting to access Organization, Entrepreneur, Investor or other user information you are not authorized to access.

  1. Startup Science provides Content, Startup Science Materials and its entrepreneur maturity model, scoring methodologies, micro lessons, Applications and maturity model output, which we hope will be helpful to you. While Startup Science makes an effort to keep the information, Content, Startup Science Materials and entrepreneur maturity model, scoring methodologies and maturity model output, current, accurate and updated, Startup Science can in no way guarantee that the Site, information, Content, Startup Science Materials and entrepreneur maturity model, scoring methodologies and maturity model output, will result in accurate results or scoring.

  2. Disclaimer of warranties. THE SITE, STARTUP SCIENCE MATERIALS AND THE CONTENT ARE PROVIDED “AS IS.”TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

  3. Limitations of liability and remedies. YOUR USE OF THE SITE, STARTUP SCIENCE MATERIALS AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF SERVICE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF SERVICE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF SERVICE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50) IN AGGREGATE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  4. Indemnity. You agree to indemnify and hold harmless Startup Science and our Collaborators, and our and their respective officers, fellows, governing board members, shareholders, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Service.

  5. Termination and Interruption of Access. Startup Science may on occasion interrupt or suspend Your access to any or all Startup Science Materials or the Site, with or without prior notice, to protect the integrity or functionality of Site or for maintenance purposes or for breach if You violate these Terms. You agree that Startup Science is not liable for any interruption or suspension of access to the Site or Startup Science Materials (whether intentional or not Likewise, You agree that in the event of loss of any of Your data,  Startup Science will not be liable for any purported damage or harm arising therefrom.  Startup Science may, at its sole discretion, provide You a grace period prior to termination, in the event of a breach or Your failure to pay fees and charges, without waiving its rights hereunder to terminate immediately upon such events.  We may suspend or terminate Your access or use of the Site or the Startup Science Materials if we determine in our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of Startup Science or any third party. Under no circumstances, will You be entitled to compensation or a refund for any interruption, suspension or termination, and You acknowledge Startup Science will have no liability to You or others in connection with any interruption, suspension or termination.

  6. Links to other sites. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

  7. Trademarks. Nothing in these Terms of Service or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of Startup Science or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

  8. Copyright complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us via email at copyright@startupscience.io, the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information). That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to support@startupscience.io.

  9. Definitions. In addition to the definitions contained in the text of these Terms of Service, the following definitions apply:

    • “Account” means the account that you are authorized to use under these Terms of Service.

    • “Account Owner” means you and/or the accelerator, incubator, university, association or other entity that Startup Science accepts, which establishes an account by agreeing to these Terms of Service and paying the applicable fee.

    • The Account Owner is responsible for the obligations, compliance with these Terms and other activities under the account including without limitation any Entrepreneurs, Investor, or Advisor and others whom the Account Owner credentialed under or invited to use the Site. The use of the phrase “Account Owner” in the singular shall also mean use in the plural.The use of the phrase “Account Owner” in the singular shall also mean use in the plural.

    • “Advisor” means an entity or person invited by an Organization and registered as a user by Startup Science or which is independently registered as a user, without such invitation, by Startup Science that may follow an Entrepreneur, provide advice to Entrepreneurs, review their profile information, among other site functions. An Advisor’s access to the Site may be limited.

    • “Application” means the online form filled in and submitted by an Entrepreneur to the Startup Science portal dedicated to the applicable Organization, in order to gain access to the Site and Startup Science Materials on approval by the Organization.

    • “Startup Science Account” means the account registered to an Organization, Entrepreneur, Advisor, Investor or other entity by Startup Science under these Terms of Service.

    • “Community” means online communications features within the Site to help and support Entrepreneurs.

    • “Customer Content” means content developed by and unique to the Organization (and not related to, by subject or otherwise, and not a derivative of Startup Science Materials or Content, which is for the use of the Organization’s Affiliated Entrepreneurs and with respect to which Organization has provided written notification to Startup Science by email to customercontent@startupscience.io that such items are Customer Content.

    • “Entrepreneur” or “Affiliated Entrepreneurs” means a person or entity that is credentialed by an Organization via their Application to the organization.

    • “Entrepreneur Affiliated Individual” means a person that is credentialed by an Entrepreneur and accepted by Startup Science to access “Entrepreneur’s Company” information and other Startup Science products and services as applicable.

    • “Entrepreneur’s Company” means an entity or company with whom Entrepreneur or Affiliated Entrepreneur is employed or an agent of.

    • "Intellectual Property Rights" means copyrights, trademarks, service marks, trade dress, publicity rights, database rights, patent rights, and other intellectual property rights or proprietary rights recognized by law;

    • “Investor” means a entity or person invited by an Organization or Startup Science and registered as a user by Startup Science that may follow an Entrepreneur or review the Entrepreneur’s profile information, among other site functions. An Investor’s access to the Site may be limited.

    • “Organization” means an accelerator, incubator, university, association or other entity who is an Account Owner.

  10. Applicable law and jurisdiction; access from outside Delaware. These Terms of Service, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of the state of Delaware, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in the state of Delaware. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). Excluding claims for injunctive or other equitable relief, for claims related to the Site where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or Startup Science may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and Startup Science. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim or cause of action you may have with respect to Startup Science or the Site must be commenced within one (1) year after the claim or cause of action arose.

  11. Representation and Warranties. Neither you or the Organization may make any representations, warranties, guarantees or promises to third parties (including the Affiliated Entrepreneurs) regarding any aspect of the Startup Science Licensed Platform other than what is approved in writing by Startup Science and shall not make any representations, warranties or guarantees to Affiliated Entrepreneurs with respect to the specifications, function, features or capabilities of any Startup Science Product including without limitation any that are deceptive, misleading or otherwise inconsistent with any materials provided, distributed or approved in writing by Startup Science  with respect thereto.

  12. Assignment. You may not assign this Agreement, nor any interest therein, without prior written consent of Startup Science which consent may be withheld at its discretion. Startup Science may assign this Agreement. Any assignment in violation of this Section shall be null and void.

  13. Termination; Discontinuation of Site or Elements. The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Service or expiration of your right to access, unless we otherwise specifically agree in writing, but all of the other provisions of these Terms of Service will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, Startup Science Materials, or to change or discontinue any aspect or element of the Site, or to cease making the Site available. Upon termination of an Organization account, Affiliated Entrepreneurs and , at Startup Science’ sole discretion, may be offered continued access to Startup Science services and materials on the same or different terms, including but not limited to migrating Affiliated Entrepreneurs and to another Organization account.

  14. Independent Contractor Status. You agree and acknowledge that your access to the Site, participation in any Course and your agreement to these Terms do not confer any right to access or use the resources of Startup Science or establish any relationship with Startup Science or its instructors beyond the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between Startup Science and you as a result of these Terms or your use of the Site. No Party has the authority to enter into any agreement, or make any warranty or representation on behalf of the other party, except where and to the extent specifically authorized to do so in writing.

  15. International Use and Consent to ProcessingStartup Science controls and operates this Site within the United States of America or other location, and all information is collected, transmitted, processed and stored within the United States or other location. We do not represent that materials on the Site are appropriate or available for use in any location. Persons who choose to access the Site or the Content from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and participation in the Content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection, transmission, processing and storage of such information in the United States and the use of such information for research by Startup Science and its licensees.

  16. Privacy Policy provides information regarding the processing, transmission and use of data collected through the Site.

  17. General. If any provision of these Terms of Service is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Service are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Service. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Service, nothing herein shall be deemed to confer any third-party rights or benefits. We may change these Terms of Service from time to time without advance notice. Your use of the Site or any of the Content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Service and all of the changes. These Terms of Service set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. Any notices to you as provided herein may be given by Startup Science to the email address or mailing address listed on the Registration Page.

 

GregoryShepard Terms of Service Vers. 4.0, November 2022

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