Your Agreement with BizStarts
You, as a user of the BizStarts website (herein “User”), hereby agree that your use of BizStarts, its website, tools, and any and all other services provided by BizStarts (collectively “BizStarts” 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 BizStarts
In consideration of using BizStarts, 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 BizStarts to keep it accurate, current and complete.
Your use of BizStarts and any content accessed through BizStarts must comply with all applicable laws, regulations, and ordinances, including any laws regarding the export of data or software.
You may not access BizStarts other than by the interfaces provided by BizStarts or any time interfere with or disrupt the proper operation of BizStarts.
Use of Your Information
If you create, transmit, or display business information or other information while using BizStarts, you may provide only information that you own or have the right to use. When you provide your information through BizStarts, you give BizStarts a license to use and distribute your information in connection with BizStarts and other BizStarts services. However, BizStarts may only use business information you provide as permitted by the BizStarts Privacy Policy and applicable law.
Additional Terms
Your use of BizStarts and any content accessed through BizStarts is subject to each of the additional terms provided in connection with BizStarts, including the BizStarts Privacy Policy.
Content and Services Accessed through Bi Starts
BizStarts’ goal is to make third-party vendor services available through the BizStarts website. Business to business and business to customer contact will occur through information located on the BizStarts website. It is the sole responsibility of the customer to review and approve, independent of the BizStarts website, any vendor listed on the BizStarts website before engaging a vendor for services.
BizStarts 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. BizStarts further does not endorse any third-party service providers, products, services, opinions, or web sites accessed through BizStarts.
USE OF THESE SERVICES AND RELIANCE ON THE BIZSTARTS WEBSITE IS SOLELY AT THE USER’S OWN RISK. BIZSTARTS MAY NOT BE HELD LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO USER’S USE OF THE BIZSTARTS WEBSITE AND ANY CUSTOMER CONTACT ARISING THEREFROM.
BizStarts Proprietary Rights
BizStarts owns all proprietary rights to any and all BizStarts website, tools, and any and all other services provided by BizStarts. BizStarts gives you a personal, revocable, non-assignable, and non-exclusive license to use BizStarts.
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. BizStarts does not assert any ownership over your User Content; rather, as between BizStarts 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 BizStarts
BizStarts may place limits on, modify, suspend or terminate BizStarts generally, and may suspend or terminate your use of BizStarts 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 BizStarts terminates BizStarts or your use of BizStarts, 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
BizStarts 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 BizStarts and notify BizStarts immediately. Your continued use of BizStarts 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 BizStarts, 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 BIZSTARTS NOR ANY OF BIZSTART'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 BIZSTARTS IS DEVELOPED FOR USE IN WISCONSIN ONLY, AND NEITHER BIZSTARTS NOR ANY OF BIZSTARTS’ VENDORS MAKE ANY REPRESENTATION CONCERNING THE CONTENT WHEN USED IN ANY OTHER STATE OR COUNTRY.
Limitation of Liability
IN NO EVENT WILL BIZSTARTS 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 BIZSTARTS IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BIZSTARTS' 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 BIZSTARTS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE BIZSTARTS’ 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 BizStarts related to BizStarts, this agreement is the entire agreement between you and BizStarts related to BizStarts, replacing any prior agreements. If there is any conflict between this agreement and a signed written agreement between you and BizStarts related to BizStarts, the signed written agreement will control.
There are no third party beneficiaries to this agreement. The Users, Vendors, and BizStarts are independent contractors, and nothing in this agreement creates an agency, partnership, or joint venture between any of the three parties.
Failure by BizStarts 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 BizStarts 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 BIZSTARTS 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.