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Terms of Use

The Startup Expert TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. USE OR ACCESS OF THIS WEBSITE WILL BE AN INDICATION THAT YOU AGREE TO EACH OF THE TERMS AND CONDITIONS PROVIDED (“TERMS OF USE”). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE FOR ANY PURPOSE.

1. Acceptance
This is an agreement between Small Business Development Center, LLC (“SBDC” or “our”, “us” or “we”) and you (collectively, including all content available through the thestartupexpert.net domain name, or the “Website”). Use of this Website assumes that you fully accept and agree to the Terms of Use set forth in this document. These Terms of Use also state that by submitting your personal information, you are certifying you have read, understand and agree to our Terms of Use as well as our Privacy Policy. Our Privacy Policy can be accessed and reviewed here; http://thestartupexpert.net/privacy-policy/ and which is incorporated herein by reference. Again, if you do not agree to any of these terms, then please do not use the Website.
2. Retention of Rights
SBDC reserves the right, in its sole discretion, to change its Terms of Use at any time, for any reason, without notice. Please review the Terms of Use regularly so that you will be apprised of any modifications. Modifications to the Terms of Use will be effective upon posting to the Website. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below. If you breach any of these Terms of Use, your right to use this Website will terminate automatically. If any modification is not acceptable to you, your only recourse is to cease to use the Website.

3. Website
These Terms of Use apply to all users of the Website, including users who are also contributors of reviews and other materials or services on the Website, if applicable. The Website may contain links to third-party websites that are not owned or controlled by SBDC. SBDC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or companies. In addition, SBDC will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve SBDC from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit.

4. Website Access
A. SBDC hereby grants you permission to use the Website as set forth in these Terms of Use, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without our prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
C. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any Users of the Website with respect to any submissions made by them.
5. Participation at Your Own Risk.
Your participation is at your own risk. SBDC has no responsibility to control or monitor any information or exchanges between or among users. We do not control the reviews, advertisements and Comments made available on the Website. Some people may find the reviews, advertisements and Comments objectionable, inappropriate or offensive. We do not control or guarantee, nor are we responsible for, the truth, accuracy, ownership, completeness, integrity, safety, timeliness, quality, appropriateness, legality or applicability of any reviews, advertisements and Comments. We assume no responsibility for monitoring any reviews, advertisements and Comments or conduct during use of the Website. We are also under no obligation to modify or remove any reviews, advertisements and Comments and assume no responsibility for a User’s conduct during his or her use of the Website. You agree that we have no responsibility or liability for the deletion or failure to store, maintain or transmit any reviews, advertisements and Comments.

6. Intellectual Property Rights
A. SBDC owns all right, title and interest, including without limitation all worldwide intellectual property rights in the Website including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein (collectively “Information”), and all such rights to all derivative works or enhancements of, in and to, or relating to, the Website, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. The Information is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever. SBDC reserves all rights not expressly granted in and to the Website and the Information.
B. By your use of this Website, you will not acquire any intellectual property or similar rights in the Website or related products and services. You agree you will not (i) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Website or related products and services; or (ii) use SBDC’s name, logo, trademark, trade names or service marks except as expressly permitted in these Terms of Use without SBDC’s prior written consent. You agree to not engage in the use, copying, or distribution of any of the Information other than expressly permitted herein, including any use, copying, or distribution of Comments obtained through the Website for any commercial purposes. If you download or print a copy of the Information for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Website or features that prevent or restrict use or copying of any Information or enforce limitations on use of the Website or the Information therein.
7. Disclaimer
A. Your use of the Website is at your sole discretion and risk. The Website, and all materials, information, products and services included therein, are provide on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind.
B. SBDC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE WEBSITE, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE.
C. SBDC expressly disclaims any warranties: (i) regarding the security, accuracy, reliability, timeliness and performance of the Website; (ii) regarding the goods, services, advise, information or links provided by any third parties or users; (iii) that the Website will meet your requirements; or (iv) that the Website will be error-free or that any errors will be corrected. No advice or information, whether oral or written, obtained by you from the Website shall create any warranty not expressly stated in these Terms of Use.
D. SBDC assumes no responsibility for: (i) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication; and (ii) any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Website, including any injury or damage to you or to any person’s computer related to or resulting from use of the Website.
E. Under no circumstances shall SBDC be responsible for any loss or damage, including personal injury or death, resulting from use of the Website, from any reviews, advertisements or Comments posted on or through the Website, or from the conduct of any users of the Website, whether online or offline.
F. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.

G. You assume total responsibility and risk for your use of this site and site related services. SBDC, LLC, thestartupexpert.net, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, exemplary, punitive, special or other damages arising out of or relating in any way to the site, site-related services and/or content or information contained within the site. Your sole remedy for dissatisfaction with the site and/or site-related services is to discontinue your use of the site and/or services.

8. Limitation of Liability
A. TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, SBDC WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OR INABILITY TO USE THE WEBSITE OR THE INFORMATION. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL SBDC BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO: (i) ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE INFORMATION, (ii) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE OR THE INFORMATION, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (iv) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE WEBSITE, OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE INFORMATION OR THE COMMENTS, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. SBDC shall assume no liability for any failure or delay in the performance of its obligations hereunder on account of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labor conditions, earthquakes, material shortages, extraordinary Internet congestion or extraordinary connectivity issues experienced by major telecommunications providers and unrelated to SBDC’s infrastructure or connectivity to the Internet, or failure of any third-party distribution partner, (each a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, SBDC will be excused from any further performance of its obligations effected by the Force Majeure Event for so long as the event continues.
IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE INFORMATION, OR THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
9. User Conduct.
You agree to use the Website only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Information. You agree not to add to, subtract from, or otherwise modify the Information. You agree not to use the Website in any manner that might interfere with the rights of SBDC or any third-party

10. Indemnity
You agree to defend, indemnify and hold harmless SBDC, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your Comments caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.
11. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 18, as the Website is not intended for children under 18. If you are under 18 years of age, then please do not use the Website—there are lots of other great Websites for you. Speak to your parents about what sites are appropriate for you.
12. Governing Law; Arbitration.
A. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, excluding its conflicts of laws principles. In any dispute arising out of these Terms of Use, you and SBDC consent to the jurisdiction of both the state and federal courts of Pinellas County, Florida and agree to bring any actions arising out of these Terms of Use in such court.
B. Injunctive Relief. Notwithstanding Section A above, you agree that certain breaches by you would cause irreparable injury to SBDC, for which there are no adequate remedies at law, and nothing in this Section shall be deemed to prevent or delay SBDC’s attempt to seek a temporary restraining order, preliminary injunction, specific performance or other interim or conservatory relief from any court having jurisdiction for your breach of these Terms of Use.

13. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SBDC without restriction.

14. Waiver; Severability
The failure to require performance of any provision shall not affect SBDC’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any portion of these Terms of Use is found to be unenforceable, such portion will be modified to reflect the parties’ intention and only to the extent necessary to make it enforceable, and the remaining provisions of these Terms of Use will remain in full force and effect.

15. Entire Agreement
These Terms of Use constitute the entire and exclusive understanding and agreement between you and SBDC regarding this subject matter, and supersedes any and all prior or contemporaneous agreements or understandings, written and oral, between you and SBDC relating to this subject matter. You may be subject to additional terms and conditions that may apply when you use or access certain features of the Website.

16. Independent Relationship
You and SBDC are independent contractors, and these Terms of Use, including but not limited to submission or distribution of any reviews or advertisements, will not, in whole or in part, establish any relationship of partnership, joint venture, employment, franchise or agency between the you and SBDC. Neither party will have the power to bind the other or incur obligations on the other’s behalf without the other’s prior written consent. Neither party is authorized to act as an agent or representative of the other or for or on behalf of the other party in any capacity other than as expressly set forth in these Terms of Use. Neither party shall in any manner advertise, represent or hold itself (or any of its agents) out as so acting or being authorized so to act, or incur any liabilities or obligations on behalf of, or in the name of, the other party, unless specifically provided for in these Terms of Use. Moreover, each party shall be solely responsible for the payment of all of its own taxes, assessments and all other similar withholdings from or assessments on any monies paid hereunder or in connection with the transactions contemplated hereby.

YOU AND SBDC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

SERVICE/PRODUCT AGREEMENT

This Service/Product Agreement (the “Agreement”) is made and entered into on Today 2016 (the “Effective Date”) by and between purchaser of services, (the “Client”) and Small Business Development Center, LLc (dba, The Startup Expert), (the “Provider”) (collectively as “the Parties”).

WHEREAS, the Client wishes to obtain certain services/products and SBDC wishes to provide certain services/products in accordance with the terms and conditions set forth in this Agreement;

NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in consideration of the mutual covenants and obligations contained herein, the Parties agree as follows:

1. Scope of the Engagement. The Client hereby engages SBDC to provide the services/products set forth in Exhibit A attached hereto (the “Services” “Products”).

2. Compensation. SBDC shall be compensated at a rate agreed to on invoice and pay in advance to begin the service. Client will continue to be billed with recurring payments, monthly, quarterly or annually until a product is cancelled. 100% refund if you don’t go forward with the first coaching session.

3. Terms and Conditions. SBDC requires clients to give at least 24 notice if you cannot make the appointment and need to reschedule. Any appointments missed with less than 24 hours’ notice, you forfeit the appointment. The appointment cannot be rescheduled.

4. Third Party Independent Contractors. Client acknowledges that SBDC may utilize the services of third-party independent contractors to facilitate the performance of its obligations under this Agreement.

5. Confidential Information. “Confidential Information” shall mean all information that is not generally known outside of Client, relating to the Client’s business, products, clients, products, services, provided to SBDC to facilitate the performance of the Services/Products under this Agreement. SBDC agrees that it will utilize and disclose this Confidential Information only as required pursuant to the performance of this Agreement.

6. Ownership of Property. Client shall own all right, title and interest relating to any and all final products and designs specifically created for Client in connection with this Agreement (“ Client Property”). Client Property does not include information relating to the SBDC’s business, products, processes, clients, independent contractors, product plans, products, services, diagrams, formulae, processes, techniques, technology, copyrights, trademarks, trade secrets, utilized by SBDC to facilitate the performance of the Services/Products under this Agreement.

7. Termination. This Agreement may be terminated immediately upon written notice of termination provided by either party for any reason or no reason upon at least ten days written notice (as defined below). Upon termination of this Agreement, Client will pay to SBDC any fees earned as of the Termination Date and vice versa. SBDC will return any of the Client’s Confidential Information in its possession within five business days and vice versa. SBDC will provide Client with any Client Property created pursuant to the Agreement within five business days of its receipt of earned fees and vice versa.

8. Written Notice. Written notice must be given by Certified U.S. Mail to either party.

9. Attorneys Fees. If any proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach or default in connection with any of the provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees and other costs incurred in that proceeding, in addition to any other relief to which said party may be entitled, upon entry of a final, nonappealable judgment by a court of competent jurisdiction.

10. Applicable Law and Choice of Forum. The substantive laws of the State of Florida will govern the interpretation, validity and effect of this Agreement, without regard to that state’s rules regarding conflict of laws. Any action brought to enforce this agreement shall be brought in Hillsborough County, Florida.

11. Assignment. The Parties shall not assign, delegate, transfer or subcontract any right or obligation under this Agreement without the prior written consent of the other party.

12. Severability. In the event that any provision of this Agreement shall be determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

13. Entire Agreement and Amendment. This Agreement constitutes the entire agreement of the Parties on the subject hereof and supersedes all prior understandings and instruments on such subject. This Agreement may only be amended or modified in writing executed by both Parties. No oral waivers or extensions shall be binding on the parties.

14. Waiver. The Parties waiver of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach.

Last Updated: Current: January 1, 2016

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