2. Retention of Rights
4. Website Access
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.
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.
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.
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
11. Ability to Accept Terms of Service
12. Governing Law; Arbitration.
14. Waiver; Severability
15. Entire Agreement
16. Independent Relationship
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.
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