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StartupZone,
Inc. This Agreement constitutes the entire agreement between StartupZone, Inc.("STARTUPZONE") and you as an authorized customer of STARTUPZONE ("you" or "Customer"). StartupZone Service ("StartupZone Service") is defined as any and all services provided by STARTUPZONE to you. By using StartupZone Service, you confirm your acceptance of, and agree to be bound by, this Agreement. 1. Rights and Obligation
of STARTUPZONE STARTUPZONE shall update and maintain StartupZone
Service provided herein. STARTUPZONE will offer you the following online
services: 2. Rights and
Obligation of Customer You represent and warrant that you are at
least 18 years of age and that you possess the legal right and ability
to enter into this Agreement. StartupZone service is only to be used
for lawful purposes. Customer shall not use the service in violation
of any federal or State laws and or regulations. 5. StartupZone Service Usage The benefits or rights conferred by this Agreement are non-transferable. The use of StartupZone Service account is limited to the one (1) individual whose name appears on the account. As a StartupZone Customer, you may have unlimited access to StartupZone. However, such unlimited use is subject to STARTUPZONE's "FAIR USE" policy. If at any time, in STARTUPZONE's sole discretion, your use exceeds what would reasonably be expected of someone putting the StartupZone Service to individual use, then STARTUPZONE reserves the right to terminate or suspend your StartupZone Service without prior notice. In such event, STARTUPZONE representative will attempt to contact you in an effort to negotiate and establish a reasonable usage charge that will permit you to continue your use of StartupZone Service. STARTUPZONE reserves the right in its sole discretion to change StartupZone Service or any of its features at any time with or without notice. 6. Monitoring StartupZone Service Disclosure of Member Information STARTUPZONE has no obligation to monitor StartupZone Service but may do so and may disclose information of your use of the service to satisfy laws, regulations or governmental requests; to operate StartupZone Service properly; and, to protect itself and its customers. However, STARTUPZONE will not disclose Customer information to outside persons or entities for the purpose of soliciting Customers. 7. Payment Rates and charges for set-up, job posting fee, resume search fee, ListZone subscription and recurring fee are set forth on the StartupZone Service Order page. STARTUPZONE reserves the right to change prices or features at any time. All changes will be posted by STARTUPZONE at StartupZone Service's World Wide Web site. Customer must pre-pay the charges for the entire contract term. All payment must be made by the credit card designated by you for STARTUPZONE's use and transactions. In addition, if payment is not received by STARTUPZONE from the card issuer or its agents, you agree to pay all amounts due upon demand by STARTUPZONE. Each time you use StartupZone Service, or allow or cause StartupZone Service to be used, you agree and reaffirm that STARTUPZONE is authorized to charge your designated card. All fees including job-posting fee, resume search fee and ListZone subscription fee are payable in advance and are completely non-refundable. As for ListZone customers, you agree that your credit card will be automatically charged upon the renewal of your account, be it 6-months or 1-year depending on your term, without further authorization from you, until you provide prior notice that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before STARTUPZONE reasonably could act on your notice. If you subscribed to StartupZone Service pursuant to a special offer granting you a free trial period, you still need to pay the non-refundable set-up fee. If you subscribed to StartupZone Service pursuant to a special offer granting a pre-paid discount for a fixed number of months, your pre-paid fees are payable in advance and are completely non-refundable. In addition, your service fee for the term immediately following your pre-paid period will be pre-authorized against your credit card limit and will be immediately charged to your credit card, without further authorization. STARTUPZONE reserves the right to suspend or terminate your StartupZone Service without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to STARTUPZONE when STARTUPZONE believes you are liable for the charge. Charges more than 15 days overdue will subject customer's service to interruption. Such interruption does not relieve Customer from the obligation to pay the charge. Late charges of 1% per month, or the highest amount permitted by law, will accrue daily on the amounts more than 15 days overdue. If a check is returned by the bank, for any reason, a $15.00 charge will be imposed. You agree to pay all sales and use taxes, duties, or levies which are required by law as well as all attorney and collection fees arising from efforts to collect any unpaid balance on your account. 8. Term and Termination The initial term of this Agreement is stated on this Service Order page and shall automatically renew for successive additional contract terms until terminated as set forth herein or until written notice of non renewal by either party is delivered to the other party at least 7 days of prior to the end of the current term. STARTUPZONE may terminate this Agreement upon default of Customer's payment or other obligations under this Agreement. Either party may terminate this Agreement at any time by simply providing the other party 7 days written notice. 9. Liability Limitations and Indemnity STARTUPZONE will not be responsible for any damages customer suffers for any reason, including, but not limited to loss of connections resulting from delays, non-deliveries, wrong deliveries, and any and all service interruptions whether caused by the negligence or other acts or omissions of STARTUPZONE and its employees, or of Customer or of any other party. STARTUPZONE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY OR ACCURACY. Customers agrees to indemnify and to hold harmless STARTUPZONE from any and all claims resulting from customer's use of StartupZone Service which causes damages to Customer or any other party. Customer herein agrees that the total liability of STARTUPZONE for any and all claims is limited to an amount equal to six month of servicing fees that Customer has paid STARTUPZONE in the most recent period, regardless of the nature of the claim. You hereby release STARTUPZONE from any and all obligations, liabilities and claims in excess of this limitation. In no event shall any lawsuit or cause of action be brought by Customer more than six (6) months after the act or omission of STARTUPZONE which allegedly gave rise thereto. The foregoing exclusions and limitations of liability shall apply whether or not any remedy or repair by STARTUPZONE fails of its essential purpose. Customer further agrees and acknowledges that STARTUPZONE would not have entered into this Agreement or provided the StartupZone Service to Customer but for the foregoing exclusion and limitations of liability, and that they are a risk allocation which constitutes the basis of the bargain between the parties. 10. Proprietary
Rights STARTUPZONE grants Customer a non-exclusive, non-transferable
license to use StartupZone Service provided hereunder. Title and property
rights, including all intellectual property rights to StartupZone Service,
are and shall remain with STARTUPZONE. Customer recognizes that StartupZone
Service used herein constitute valuable trade secrets of STARTUPZONE.
Customer will use its best efforts to protect and keep confidential
any and all StartupZone Services used by it and shall not attempt to
copy, examine, in any way alter, or re-engineer, tamper with, or otherwise
misuse StartupZone Service. You understand and agree that following
the termination of your StartupZone Service Account for any reason,
such user name may be re-assigned to another customer and you agree
that STARTUPZONE will not be liable for damages arising out of any such
re-assignment, and you hereby waive any claim with respect to any such
re-assignment, whether based on contract, tort or other grounds, even
if STARTUPZONE has been advised of the possibility of damages. |