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Terms of Use

Please read these Terms of Service ("Terms") carefully before using StartWise.

1. INTRODUCTIONS AND ELIGIBILITY

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.DEFINITIONS

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. 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. STARTWISE’S ROLE

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.

4.2 StartWise collects information including user’s name and contact information. Collected information is only used to provide StartWise Services. To learn more, see Data and Privacy Policy.

5. COMMUNICATIONS

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. COPYRIGHT POLICY

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 info@startwise.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. STARTWISE’S CONTENT OWNERSHIP AND USE

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. USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS

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:

  1. Aggregate, copy, or duplicate any StartWise Content;
  2. Use data mining, robots, or other data gathering devices on the StartWise Service;
  3. Remove, disable, damage, circumvent, or otherwise interfere with the security of the StartWise Service;
  4. Interfere or attempt to interfere with the proper workings of the StartWise Service;
  5. Gain unauthorized access to the StartWise Service;
  6. Frame or link to the StartWise Service without permission;
  7. Attempt to or submit a virus to the StartWise Service;
  8. Take any action imposing an unreasonable or disproportionately large load on StartWise's infrastructure;
  9. Attempt to or obtain unauthorized access to other users' accounts;
  10. Sell, transfer, or assign any of your rights to use the StartWise Service to a third party without the express written consent of StartWise;
  11. Use the StartWise Service in a manner that results in or may result in complaints, disputes, claims, fines, penalties, and other liability to StartWise or others;
  12. Use the StartWise Service for actions involving illegal objects (such as, narcotics or stolen goods), illegal activities (such as, gambling);
  13. Use the StartWise Service in an illegal way or to commit an illegal act;
  14. Access the StartWise Service from a jurisdiction where it is illegal, unauthorized, or penalized;
  15. Use the StartWise Service on behalf of a business entity without the legal authority to do so;
  16. Create multiple registrations, whether fraudulently, falsely, unlawfully, legitimate, or lawfully, without StartWise's prior consent; and
  17. Control an account if another account controlled by you has performed these activities or otherwise breached these Terms.

8.2 Prohibition of Certain User-Provided Information

You are solely responsible for Your User Content on the StartWise Service. You may not:

  1. Submit information on behalf of another person or entity without their consent;
  2. Impersonate another person, or misrepresent your affiliation with a person or entity, particularly in any attempt to learn sensitive information;
  3. Harass, incite others to harass, advocate harassment, or post any unlawful, harmful, defamatory, threatening, vulgar, sexually explicit, hateful, or otherwise objectionable material;
  4. Disclose personal information about another person;
  5. Post links, advertisements, or other content from competitors' websites; or
  6. Post any franchise, pyramid scheme, or similar information.

9. PRIVACY

9.1 As also stated in the Data and Privacy Policy, StartWise may access, preserve, and disclose your Personal Information, other information, and content only if required to do so by law or if those actions are reasonably necessary to:

  1. Comply with legal process, such as a court order or subpoena;
  2. Enforce these Terms;
  3. Respond to claims that any content violates the rights of third parties;
  4. Respond to your requests for customer service;
  5. Respond to law enforcement;
  6. Provide the StartWise Service;
  7. Investigate and prevent unauthorized transactions or other illegal activities; or
  8. Protect our or other users' rights, property, or safety.

10. SUGGESTIONS AND SUBMISSIONS

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 info@startwise.com email. Please be specific in your comments and subject of the message to ensure timely response from StartWise.

11. CONSEQUENCES OF VIOLATING THESE TERMS

11.1 StartWise may disregard any information submissions at any time for any reason, including activity which, in its sole judgment:

  • violates these Terms;
  • violates applicable laws, rules, or regulations;
  • is abusive, disruptive, offensive or illegal;
  • or violates the rights of, or harms or threatens the safety of users of the StartWise Service.

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. STARTWISE LIABILITY

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 OF SERVICE

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.

ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIAL

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:

  • YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY;
  • YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE.
  • THE TERMS OF USE REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Contact Information

StartWise Inc.
info@startwise.com
Revised on September 21, 2016

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