Your Agreement with Biz Starts
You, as a user of the Biz Starts website (herein “User”), hereby agree that your use of Biz Starts, its website, tools, and any and all other services provided by Biz Starts (collectively “Biz Starts” of “the Service”) is governed by this agreement.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Your Use of Biz Starts
In consideration of using Biz Starts, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain and promptly provide updates on registration data to Biz Starts to keep it accurate, current and complete.
Your use of Biz Starts and any content accessed through Biz Starts must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.
You may not access Biz Starts other than by the interfaces provided by Biz Starts or any time interfere with or disrupt the proper operation of Biz Starts.
Use of Your Information
If you create, transmit, or display business information or other information while using Biz Starts, you may provide only information that you own or have the right to use. When you provide your information through Biz Starts, you give Biz Starts a license to use and distribute your information in connection with Biz Starts and other Biz Starts services. However, Biz Starts may only use business information you provide as permitted by the Biz Starts Privacy Policy and applicable law.
Additional Terms
Your use of Biz Starts and any content accessed through Biz Starts is subject to each of the additional terms provided in connection with Biz Starts, including the Biz Starts Privacy Policy.
Content and Services Accessed through Biz Starts
Biz Starts’ goal is to make third-party vendor services available through the Biz Starts website. Business to business and business to customer contact will occur through information located on the Biz Starts website. It is the sole responsibility of the customer to review and approve, independent of the Biz Starts website, any vendor listed on the Biz Starts website before engaging a vendor for services.
Biz Starts may screen, modify, refuse, or remove certain content or third-party services, but is not responsible for and does not endorse any third-party content or services. Biz Starts further does not endorse any third-party service providers, products, services, opinions, or web sites accessed through Biz Starts.
USE OF THESE SERVICES AND RELIANCE ON THE BIZ STARTS WEBSITE IS SOLELY AT THE USER’S OWN RISK. BIZ STARTS MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO USER’S USE OF THE BIZ STARTS WEBSITE AND ANY CUSTOMER CONTACT ARISING THEREFROM.
Biz Starts Proprietary Rights
Biz Starts owns all proprietary rights to any and all Biz Starts website, tools, and any and all other services provided by Biz Starts. Biz Starts gives you a personal, revocable, non-assignable, and non-exclusive license to use Biz Starts.
All content available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Services' prior written permission, except that the foregoing does not apply to your own User Content (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own User Content, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppels, implication or otherwise. This license is revocable at any time without notice to the user and with or without cause.
User Content
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service (collectively the "User Content"). You may not post, transmit, or share User Content through the Service that you did not create or that you do not have permission to post. You understand and agree that the Service may, but is not obligated to, review the Site and may delete or remove (without notice to any User) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of other users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post, store, or provide to the Service.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to the Service an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your User Content. Biz Starts does not assert any ownership over your User Content; rather, as between Biz Starts and its Users, subject to the rights granted to us in these Terms, Users retain full ownership of all a respective User’s User Content and any intellectual property rights or other proprietary rights associated with a respective User’s User Content.
Modification and Termination of Biz Starts
Biz Starts may place limits on, modify, suspend or terminate Biz Starts generally, and may suspend or terminate your use of Biz Starts or delete your profile, content, or any other information you have posted through the Service if you fail to comply with this agreement, or for any reason or no reason. This suspension or termination may delete your information, files, and other previously available content. If Biz Starts terminates Biz Starts or your use of Biz Starts, this agreement will also terminate, but Sections 3, 5, 7, 8, and 10-13 shall continue to be effective after this agreement is terminated.
Changes to this Agreement
Biz Starts may change this agreement and will post the modified agreement at www.bizstartsmilwaukee.com. If you do not agree to the modified agreement, you should stop using Biz Starts and notify Biz Starts immediately. Your continued use of Biz Starts after the date the modified agreement is posted will constitute your acceptance of the modified agreement in whole.
Indemnification
You, as a User of the Service, agree to indemnify and hold Biz Starts, its subsidiaries and affiliates, and each of its directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Content you as a User post or share on or through the Site, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
Exclusion of Warranties
NEITHER BIZ STARTS NOR ANY OF BIZ START'S VENDORS MAKE ANY EXPRESS WARRANTIES, AND EACH OF THEM DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CONTENT IN BIZ STARTS IS DEVELOPED FOR USE IN WISCONSIN ONLY, AND NEITHER BIZ STARTS NOR ANY OF BIZ STARTS’ VENDORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER STATE OR COUNTRY.
Limitation of Liability
IN NO EVENT WILL BIZ STARTS OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF BIZ STARTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIZ STARTS' 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 BIZ STARTS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE BIZ STARTS’ LIABILITY TO YOU EXCEED $1000.
The limitations of liability in this Section do not apply to breaches of intellectual property provisions or indemnification obligations.
General Legal Terms
If you have not signed a separate written agreement with Biz Starts related to Biz Starts, this agreement is the entire agreement between you and Biz Starts related to Biz Starts, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and Biz Starts related to Biz Starts, the signed written agreement will control.
There are no third party beneficiaries to this agreement. The Users, Vendors, and Biz Starts are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture between any of the three parties.
Failure by Biz Starts to enforce any provision will not constitute a waiver of that provision. If any provision is found unenforceable, it and any related provisions will be interpreted to best accomplish the unenforceable provision's essential purpose.
By visiting the Site and/or using the Service, you agree that the laws of the State of Wisconsin, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between any User and Biz Starts or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of Wisconsin, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Wisconsin. THE EXCLUSIVE VENUE FOR ANY DISPUTE RELATING TO THIS AGREEMENT IS MILWAUKEE COUNTY, WISCONSIN. YOU AND BIZ STARTS CONSENT TO THE PERSONAL JURISDICTION OF THE COURTS OF MILWAUKEE COUNTY, WISCONSIN. Nothing in this agreement limits either party's ability to seek equitable relief.