Last Updated: December 4, 2018
Welcome to Startups.com!
This page explains the rules you’re agreeing to when you use Startups.com. We’ve tried to provide simple explanations of what everything means, but some of the terms need to be expressed in legalese. Just so we’re clear, the summaries in italics are just for your convenience and are not part of the official legal stuff.
Startups.com is pleased to provide to you with its sites, software, applications, content, products and services (the “Startups.com Services”), which may be branded BizPlan, Clarity, Fundable, Launchrock, Zirtual or another brand owned or licensed by Startups.com, LLC, an Ohio limited liability company (collectively, “Startups.com”). These terms and conditions (the “Terms of Service“) govern the use of the Startups.com Services.
Supplemental terms and conditions and/or statements of work may apply to some of the Startups.com Services or accompany certain content or software accessible through the Startups.com Services (“Supplemental Terms of Service”). Supplemental Terms of Service will be disclosed to you in connection with such Startups.com Services. Any Supplemental Terms of Service are in addition to these Terms and, in the event of a conflict, prevail over these Terms.
If you do not agree to be bound by the Terms, please do not use the Startups.com Services.
You need to be at least 18 years old to sign up for a Startups.com account and, once you’ve signed up, you’re responsible for what’s in your account and how it gets used.
You can browse the Startups.com Services without registering for an account, but in order to access certain parts, you’ll need to register an account. When creating your account, you must provide accurate and complete information.
You are responsible for safeguarding the password to your account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your account at email@example.com. We will not be liable for losses caused by any unauthorized use of your account, but you might be liable for our losses or the losses of others due to unauthorized use.
To sign up for an account, you need to be at least 18 years old. If necessary, we may ask you to prove your age. In any case, you affirm that you are over the age of 13, as the Startups.com Services are not intended for children under 13. If you are under 13 years of age, then please do not use the Startups.com Services. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Startups.com Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
If you don’t follow these rules, we may cancel your account.
Your Content and Conduct
You’re responsible for the content you post and you’re ensuring us that it’s cool for us to use. We don’t own the stuff you post on Startups.com, but, when you post it, you’re giving us permission to use or copy it.
When using the Startups.com Services, you may communicate, submit, upload or otherwise make available text, images, audio, video or other content (“User Generated Content”), which may be accessible and viewable by the public. “User Generated Content” shall also include any materials uploaded by us on behalf of a user. You understand that Startups.com does not guarantee any confidentiality with respect to any User Generated Content.
You shall be solely responsible for your User Generated Content and the consequences of submitting and publishing your User Generated Content on the Startups.com Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all the User Generated Content that you make available through the Startups.com Services or you have all rights, licenses, consents and releases that are necessary to grant to us the rights in such User Generated Content, as contemplated under these Terms; and (ii) neither the User Generated Content nor your posting, uploading, publication, submission or transmittal of the User Generated Content or our use of the User Generated Content (or any portion thereof) on, through or by means of the Startups.com Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You retain all of your ownership rights in your User Generated Content. We do not claim any ownership rights in any such User Generated Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Generated Content. However, by submitting User Generated Content to Startups.com, you hereby grant to us a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Generated Content on, through, by means of or to promote or market the Startups.com Services.
You also hereby grant each user of the Startups.com Services a non-exclusive license to access your User Generated Content through the Startups.com Service, and to use, reproduce, distribute and display such User Generated Content as permitted through the Startups.com Services and under these Terms. The above licenses granted by you terminate within a commercially reasonable time after you remove or delete your User Generated Content from the Startups.com Services. You understand and agree, however, that we may retain, but not display, distribute, or perform, server copies of your User Generated Content that have been removed or deleted.
We do not endorse any User Generated Content submitted to the Startups.com Service by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and Startups.com expressly disclaims any and all liability in connection with User Generated Content.
Your Use of the Services and Content
Without our permission, you agree not to break the law, damage or interfere with our website, harass other users, hack someone’s computer, etc. Doing any of these things could get you kicked off our site.
You represent, warrant, and agree that, without our prior written consent, you will not do any of the following in connection with the Startups.com Services:
A violation of any of the foregoing is grounds for account suspension or termination of your right to use or access the Startups.com Services.
Account Termination Policy
You and Startups.com can both terminate your account at any time. If termination does occur, your content could be lost forever but some of the provisions of these Terms still survive.
You’re free to stop using the Startups.com Services and terminate your account at any time. We also reserve the right to suspend or terminate your use of the Startups.com Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Startups.com Services if you’re not complying with these Terms, or use the Startups.com Services in a manner that would cause us legal liability, disrupt the Services or disrupt others’ use of the Startups.com Services.
Account termination may result in destruction of any User Generated Content associated with your account. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Our site might include links to other websites. We’re not responsible for what happens on those other sites. We recommend you read their terms of service when you get there.
Digital Millennium Copyright Act
We do not permit infringement of IP rights on the Startups.com Services, and will remove all content if properly notified that such content infringes on another’s rights. We reserve the right to remove content without prior notice.
If you are a copyright owner or an agent thereof and believe that any of the Collective Content on the Startups.com Services infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA“) by providing our DMCA designated agent (our “Copyright Agent”) with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
You may direct copyright infringement notifications to our Copyright Agent at 1322 Manning Parkway, Powell, OH 43065. If you fail to comply with all of the requirements set forth above, your DMCA notice may not be valid.
If you believe that your User Generated Content that was removed in error, you may send a counter-notice containing the following information to our Copyright Agent:
If a counter-notice is received by our Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the User Generated Content provider, member or user, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
You’re on the hook if you do something on any of the Startups.com Services that ends up getting us sued.
You agree to release, defend, indemnify, and hold Startups.com and its affiliates and subsidiaries, and their officers, directors, employees, agents and successors, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Startups.com Services or Collective Content; (b) your violation of these Terms; (c) your User Generated Content; and (d) your interaction with any other user, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of use of the Startups.com Services. This obligation will survive these Terms and your use of the Startups.com Services.
Unfortunately, we can’t guarantee everything on Startups.com will always work as planned. This site is presented as-is, without warranties.
THE STARTSUPS.COM SERVICES AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, STARTUPS.COM, ITS AFFILIATES AND SUBSIDIARIES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND SUCCESSORS EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. YOU USE THE STARTUPS.COM SERVICES AT YOUR OWN RISK.
WE MAKE NO WARRANTY THAT THE STARTUPS.COM SERVICES AND/OR COLLECTIVE CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE COLLECTIVE CONTENT OR THE CONTENT OF ANY SITES HYPERLINKED TO OUR SITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF COLLECTIVE CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE STARTUPS.COM SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE STARTUPS.COM SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE STARTUPS.COM SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY COLLECTIVE CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY COLLECTIVE CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE STARTUPS.COM SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE STARTUPS.COM SERVICE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE STARTSUPS.COM SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE STARTUPS.COM SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE STARTUPS.COM SERVICES. YOU UNDERSTAND THAT WE DO NOT MAKE ANY ATTEMPT TO VERIFY THE THE ACCURACY OR COMPLETENESS OF USER GENERATED CONTENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE STARTUPS.COM SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE STARTUPS.COM SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE STARTUPS.COM SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE STARTUPS.COM SERVICES. WE EXPLICITLY DISCLAIM ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LESSOR OR OTHER THIRD PARTY.
Limitation of Liability
We’re not liable to you if something bad happens when you use the Startups.com Services.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE STARTUPS.COM SERVICES AND COLLECTIVE CONTENT, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF THE STARTUPS.COM SERVICES WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER STARTUPS.COM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE STARTUPS.COM SERVICES OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE STARTUPS.COM SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE STARTUPS.COM SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE STARTUPS.COM SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WE SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
IN NO EVENT WILL OUR AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE STARTUPS.COM SERVICES, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE US, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE STARTUPS.COM SERVICES MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If we made a mistake somewhere, we’ll work with you to quickly resolve the matter. The Site does not offer refunds outside of an internal error.
Under no circumstances shall the Site or its affiliates be held responsible for overdraft charges incurred from your financial institution as a result of any purchases or renewals through or in connection with our websites. It is the sole responsibility of you as a customer to ensure “overdraft fees,” “overage fees,” or “overlimit” or any other fees from your financial institution do not occur by taking the necessary action to avoid them. Furthermore, Startups.com is not liable for any fees incurred due to billing errors.
Subscriptions are billed on a monthly recurring or annual basis depending on the plan selected. Your credit card will be debited the full purchase amount on the date of your purchase. For an annual plan, the subsequent renewals will be billed in twelve month increments from initial purchase, until your annual Subscription is cancelled. For monthly plans, the subsequent renewals will be billed in monthly increments, beginning one month after the initial purchase, until your monthly Subscription is cancelled. We will not refund “unused” portions of a Subscription. If you decide to cancel after 3 days of initial payment, we will simply stop all further billing and your Subscription will expire at the end of your current billing period.
Consulting Services are billed on a one-time basis or deferred over multiple payments. These payments are not refundable once payment has been processed and service delivery has begun.
Platform Fees are billed on a monthly recurring basis 30 days past initial purchase date of the associated Consulting Services. Your card will be debited the full platform fee amount on this date. All subsequent renewals will be billed in monthly increments, beginning one month after initial Platform Fees processing date, until you cancel your monthly Platform Fee. We will not refund “unused” portions of a Platform Fee. If you decide to cancel, we simply stop all further billing and your Platform Fee will expire at the end of your current billing period.
A user may receive a refund of his/her initial signup payment if and only if they cancel the applicable paid service within 3 calendar days of account creation.
No other refunds or credits for any paid Site service are provided by the Site, unless otherwise required by law.
If we made a mistake with your billing please email us at email@example.com.
You can’t pass on any of your rights contained in these Terms to anyone else, but we can.
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Applicable Law and Jurisdiction
We’re located in the State of Ohio, USA and any disputes with us have to be handled in Ohio under Ohio state law.
These Terms and your use of the Startups.com Services will be interpreted in accordance with the laws of the State of Ohio and the United States of America, without regard to its conflict-of-law provisions. You agree to submit to the personal jurisdiction of a state court located in Franklin County, Columbus, Ohio or a United States District Court, Southern District of Ohio for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
These are our official rules for how things work. If you’re ever unsure about any of this stuff, please read them again. They represent the agreement between us regarding your use of our products and services.
If a provision of the Terms is found invalid by a court of competent jurisdiction, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.
No waiver of any provision of this these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Data Rights and Protection
Startups.com has the utmost respect for our customers’ privacy and information protection. Given the ever changing regulatory environment, we strive to stay ahead of the curve. In our mission to ethically and lawfully serve our customers we have the following policies in place in order to adhere to international and domestic law:
Startups.com wrote our terms of service to make it as understandable and straightforward as possible. Our valued customers are able to give and rescind consent at any time. If at any time you wish to remove consent, please email our Data Protection Officer at firstname.lastname@example.org. Additional details are provided below in our “Data Protection Officer” description.
Timely Breach Notification:
In the event of a data breach, Startups.com will notify our associated data controllers and customers within 72 hours. In addition to outlining the nature of the breach, the breadth, and actions involved to remedy the situation will be detailed.
Right to Data Access:
If at any time a customer wishes to access his or her existing data profile, Startups.com will provide a free electronic copy of the data we collected about that customer. This report will also include the various ways the information has been used.
Right to Be Forgotten:
If at any time customer discontinues their relationship with Startups.com, the customer can request that his or her personal data is wholly erased from our records.
This gives users rights to their own data. Customers will be able to obtain their data from Startups.com in an electronic report and reuse that same data in different environments outside of ours.
Privacy by Design:
Startups.com has a full and detailed map of our data collection process and the various parties privy to that data. Startups.com has specifically designed its systems and trained its staff to maintain customer privacy. We strive to continue to improve and adapt this design to be forward looking.
Data Protection Officer:
Startups.com has appointed a Data Protection Officer who can be reached at email@example.com. This internal officer will be able to rescind customer consent as requested, alert stakeholders of a data breach, provide access to data reports, ensure the right to be forgotten, establish data portability as requested, and oversee privacy by design with a fiduciary responsibility.