Please read these Terms of Service ("Terms") carefully before using StartWise.
1.1 These Terms constitute a binding agreement between you and StartWise, Inc. and its affiliates and StartWise.com ("StartWise"). "You" and "users" shall mean all visitors to StartWise, including individuals, companies, attorneys, and investors. You accept these Terms each time you access StartWise. If you do not accept these Terms, please refrain from using StartWise.
1.2 StartWise may revise these Terms at any time by posting an updated version to this web page. You are bound by these Terms and you should periodically visit this page to review the most current Terms. Your continued use of StartWise after a change to these Terms constitutes your binding acceptance of these Terms.
1.3 You have to be of legal age (or the age of majority in your jurisdiction) to use StartWise. If necessary, you may be asked to provide legal documents to prove your age and identity.
2.1 StartWise is defined as any website or Internet service under StartWise's control, whether partial or otherwise, in connection with providing the services provided by StartWise. Currently, StartWise does not facilitate transactions, sales of securities and only provides general information and its potential services. StartWise is not a broker-dealer, does not provide investment advice or hold funds. Please consult a lawyer if you have any questions or concerns.
2.2 An eligible company is a venture that is an incorporated legal entity under the US laws that is in good standing in its jurisdiction. StartWise reserves the right to reject any company application.
2.3 Users mean everyone agreeing to these terms and using the StartWise Service.
3.1 StartWise is in the process of registering as a Funding Portal with the U.S. Securities and Exchange Commission (the "SEC"), for the purpose of offering and selling securities in accordance with the exemption from securities registration requirements contained in Section 4(a)(6) of the Securities Act of 1933 and the regulations promulgated by the SEC.
3.2 Under these Terms of Service, StartWise Services include providing a free platform to share information about potential services and connect with potential customers. All the information on this website is published in good faith and for general information purpose only. StartWise reserves a right to update and change these terms.
3.3 StartWise doesn’t sell or share any information provided by users on the platform, unless required by law.
4.1 StartWise does not provide financial, investment, tax, or legal advice. You should always seek licensed professionals for financial, investment, tax, and legal advice. StartWise is not your agent for any purpose.
5.1 You agree to receive emails from us at the email address you provide us for marketing, informational, and operational purposes, such as updates, account management, or system maintenance.
5.2 You agree to receive these Terms, any information and disclosures regarding the StartWise Service electronically through the StartWise online platform and/or via email.
5.3 StartWise may respond to your inquiries by email regardless of the format of your request.
6.1 The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the StartWise Service infringe your copyright, you (or your agent) may send StartWise a "Notification of Claimed Infringement" requesting that the material be removed, or access to it blocked. The notice must include the following information:
1 A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2 Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the StartWise Service are covered by a single notification, a representative list of such works);
3 Identification of the specific material alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow StartWise to locate the material on the StartWise Service;
4 Your name, address, telephone number, and email address (if available);
5 A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6 A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
6.2 If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send StartWise a counter-notice.
6.3 Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the StartWise Service should be sent to email@example.com. Consult your legal advisor and see 17 U.S.C. § 512 before filing a notice or counter-notice as there are penalties for false claims under the DMCA.
7.1 The contents of the StartWise Service include: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other StartWise content (collectively, "StartWise Content"). All StartWise Content and the compilation (meaning the collection, arrangement, and assembly) of all StartWise Content are the property of StartWise or its licensors and may be protected under copyright, trademark, and other laws.
7.2 StartWise authorizes you, subject to these Terms, to access and use the StartWise Service and the StartWise Content solely for the use of StartWise's services, at StartWise's discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Unauthorized use of the StartWise Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original StartWise Content on any copy you make of the StartWise Content.
7.3 StartWise, the StartWise logo, and other StartWise logos, product and service names may be trademarks of StartWise (the "StartWise Marks"). Without StartWise's prior written permission, and except as solely enabled by any link as provided by StartWise, you agree not to display or use in any manner the StartWise Marks.
8.1 Prohibited StartWise Service Uses
You agree to use the StartWise Service only for its intended purpose. You must use the StartWise Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the StartWise Service are prohibited. You may not:
8.2 Prohibition of Certain User-Provided Information
You are solely responsible for Your User Content on the StartWise Service. You may not:
10.1 StartWise appreciates hearing from its users and welcomes your comments regarding the StartWise Service. Please use Contact Us section on the StartWise online platform or firstname.lastname@example.org email. Please be specific in your comments and subject of the message to ensure timely response from StartWise.
11.1 StartWise may disregard any information submissions at any time for any reason, including activity which, in its sole judgment:
11.2 StartWise reserves the right to refuse to provide the StartWise Service to you in the future.
11.3 You are responsible for any claims, fees, fines, penalties, and other liability incurred by StartWise or others caused by or arising out of your breach of these Terms and your use of the StartWise Service.
11.4 StartWise reserves the right to take legal actions in case your breach the Terms.
12.1 StartWise may change, suspend, or discontinue any aspect of the StartWise Service at any time, including terms of operation or availability of the StartWise Service or any feature, without notice or liability.
12.2 StartWise has no obligation to make StartWise Service available, may choose, in its sole discretion, to monitor, review, or otherwise access some User Content, but StartWise assumes no responsibility for doing so. StartWise assumes no responsibility for the conduct of users or other third parties.
12.3 To the extent permitted by law, in no event shall StartWise be liable for the deletion, loss, or unauthorized modification of any User Content.
12.4 StartWise is not responsible for any disputes or disagreements between you and any other party resulting from the use of the StartWise. You agree to resolve disputes directly with the other party. You release StartWise of all claims, demands, and damages in disputes among users or visitors of the StartWise online platform. Use caution and common sense when using the StartWise Service.
12.5 StartWise makes no representations about accuracy, reliability, completeness, or timeliness of any contents of the StartWise Service, including data from third-party service providers. Similarly, StartWise makes no representations as to the quality or nature of third-party products or services obtained through the StartWise Service. Use the StartWise Service at your own risk.
12.6 The StartWise Service may include links to third-party websites and applications. You are responsible for evaluating whether you want to access or use them. StartWise is not responsible for and does not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and StartWise disclaims all liability arising from your use of them.
12.7 StartWise makes no promises and disclaims all liability of specific results from the use of the StartWise Service.
12.8 ”Released Parties" include StartWise and its affiliates, officers, employees, agents, partners, and licensors.
DISCLAIMER OF WARRANTIES
OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS, NEITHER STARTWISE NOR RELEASED PARTIES MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DON’T MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTIONS OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS.
LIMITATION OF LIABILITY AND INDEMNIFICATION
STARTWISE INC. AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, STOCKHOLDERS AND AFFILIATES (COLLECTIVELY, “INDEMNIFIED PARTIES”) SHOULD BE FULLY INDEMNIFIED, HOLD HARMLESS AND DEFENDED FROM AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, SUITS, DAMAGES, LIABILITIES, LOSSES, SETTLEMENTS, JUDGEMENTS, COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND OTHER LEGAL COSTS), WHETHER OR NOT INVOLVING A THIRD PARTY CLAIM, WHICH ARISE OUT OF OR RELATE TO (1) ANY BREACH OF THESE TERMS, (2) ANY BREACH OR VIOLATION OF ANY COVENANT OR OTHER OBLIGATION OR DUTY UNDER THESE TERMS OR UNDER THE APPLICABLE LAW, (3) YOUR USE OR MISUSE OF THE STARTWISE SERVICES. WE RESERVE ANY RIGHT TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO THIS INDEMNIFICATION CLAUSE, IN WHICH CASE YOU AGREE THAT YOU WILL COOPERATE AND HELP US IN ASSERTING ANY DEFENSES. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE INDEMNIFIED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES (1) RESULTING FROM YOUR ACCESS TO, USE OR MISUSE OF, OR INABILITY TO ACCESS OR USE THE STARTWISE SERVICES, (2) FOR ANY LOST PROFITS OR DATA LOSS, (3) FOR ANY CONDUCT OF CONTENT OF ANY THIRD PARTY ON THE STARTWISE ONLINE PLATFORM.
12.9 You further agree and understand that StartWise has no liability for the loss of any information you may choose to provide to StartWise, store on your computer, or your mobile device, in the event your computer or mobile device is lost or stolen.
12.10 You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (1) any User Content or other material you provide to the StartWise Service, (2) your use or reliance on any StartWise Content, or (3) your breach of these Terms. StartWise shall provide notice to you promptly of any such claim, suit, or proceeding.
These Terms constitute the entire agreement between you and StartWise concerning your use of the StartWise Service. The failure of StartWise to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
These Terms and the relationship between you and StartWise shall be governed by the laws of the state of Delaware without regard to its conflict of law provisions. You and StartWise agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the StartWise Service under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within the state of Delaware. You covenant not to sue StartWise in any other forum.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Service or this Agreement:
Revised on September 21, 2016