These Terms and Conditions are an agreement (“Agreement”) between you and The StartUp Team, LLC, a Delaware limited liability company (“The EZ Startup”), regarding your use of The EZ Startup website (the “Website”) and the services contained in or made available through the Website (the “Services”). You are invited to use the website on the condition of your acceptance of this Agreement. Your use of the Website constitutes your acceptance of this Agreement.
Use. Neither the Website nor the Services are eligible for use or purchase, respectively, by minors. By using the Website, you hereby affirm that you are at least 18 years old and are legally able to enter into a contract.
Information Submissions. By submitting your name, email address, phone number or other information, you agree that The EZ Startup may use this information to contact you.
Fees, Refunds & Changes. If you purchase the Services, you shall pay to The EZ Startup the fees specified on the Order Form (the “Fees”). The Setup Fees described on the Order Form are due and payable to The EZ Startup upon the signing of the Startup Services Agreement, and are nonrefundable. All other fees and expenses owing to The EZ Startup are due and payable upon receipt of invoices therefrom, and are non-refundable. All invoices are final and binding, unless you notify The EZ Startup, in writing, of any alleged discrepancies no later than thirty (30) days from the date of such invoice, in which case The EZ Startup will review the invoice for discrepancies. The EZ Startup may change its fees, pricing and payment terms, in which case you shall be entitled to terminate this Agreement by written notice to The EZ Startup within thirty (30) days of receiving notice from The EZ Startup of such changes.
Termination. We reserve the right to modify or terminate the Service for any reason, without notice at any time. We reserve the right to refuse service to anyone for any reason at any time.
Acceptable Use Policy. As a condition of using the Website, you will not, and will not allow or authorize your users to, use the Website to take any actions that (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) are defamatory, trade libelous, threatening, harassing, or obscene; (iv) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; or (v) damage, disable, overburden or impair the Website or interfere with any other party’s use of the Website.
No Warranty. THE SCOPE OF WORK PROVIDED, THE DOCUMENTS, FORMS OR MATERIALS PROVIDED AND THE SERVICES RENDERED BY THE EZ STARTUP UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “WHERE IS” BASIS, WITHOUT ANY WARRANTY, EXPRESS, IMPLIED OR OTHERWISE, REGARDING SUCH SCOPE OF WORK, DOCUMENTS’, FORMS’, MATERIALS’ OR SERVICES’ ACCURACY, PERFORMANCE, OR ANY OTHER MATTER. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE EZ STARTUP HEREBY DISCLAIMS, TO THE FULLEST EXTENT OF THE LAW, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT OF THIRD-PARTY RIGHTS.
THE EZ STARTUP MAKES NO WARRANTY THAT: (A) THE DOCUMENTS, FORMS, OR MATERIALS PROVIDED OR THE SERVICES RENDERED UNDER THIS AGREEMENT AND THROUGH ITS WEBSITE WILL MEET YOUR REQUIREMENTS; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DOCUMENTS, FORMS OR MATERIALS PROVIDED AND THE SERVICES RENDERED BY THE EZ STARTUP UNDER THIS AGREEMENT WILL BE ACCURATE OR RELIABLE; OR (C) THE QUALITY OF ANY THE DOCUMENTS, FORMS OR MATERIALS PROVIDED AND THE SERVICES RENDERED BY THE EZ STARTUP UNDER THIS AGREEMENT WILL MEET YOUR EXPECTATIONS.
Limitation of Liability. IF LIABILITY ON THE EZ STARTUP IS FOUND FOR ANY AND ALL CLAIMS ARISING UNDER THIS AGREEMENT, UNDER ANY LEGAL THEORY, IT SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU TO THE EZ STARTUP UNDER THIS AGREEMENT DURING THE SIX (6) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL THE STARTUP TEAM BE LIABLE FOR ANY LOSS OF DATA, LOST PROFITS, BUSINESS INTERRUPTION, OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT, OR SPECULATIVE DAMAGES.
Indemnification. You agree to indemnify and hold The EZ Startup and its owners, members, officers, directors and employees harmless with respect to any claim, loss, suit, liability, damage, judgment or expense (including reasonable attorney’s fees and court costs) resulting from any claim that your use of the Website or Services injured or otherwise violated any right of any part or third party or violates any law.
Legal Advice. You may consult with your own attorneys and advisors regarding the effect and operation of this Agreement. You are not relying on The EZ Startup, its owners, directors, officers or employees for such advice. Each party to this Agreement shall be responsible for satisfying its own federal, state and local reporting and compliance responsibilities with respect to the activities conducted pursuant to this Agreement.
No Attorney-Client Relationship. The EZ Startup is not a law firm and does not provide legal services. The Website and the Services are not intended to create an attorney-client relationship between you and The EZ Startup, and your use of The EZ Startup’s Website and/or Services does not create an attorney-client relationship between you and The EZ Startup, its members, owners or employees.
Status of The EZ Startup. You agree that no employment, agency, partnership or joint venture relationship is made between you and The EZ Startup as a result of your use of The EZ Startup website or as a result of this Agreement.
Third Parties. Some services made available through the Website and offered by The EZ Startup are delivered by third parties. By using the Website or the Services, you hereby acknowledge and consent that The EZ Startup may share your information with any third party with whom The EZ Startup engages to provide the Services.
Copyright. All content on the Website, including, but not limited to, text, graphics, buttons, icons, images, logos and software, are Copyright ©2015 The StartUp Team, LLC. All rights reserved.
Trademarks. The EZ StartUp TM, The EZ Startup TM, www.theezstartup.com TM , and The EZ Startup logo are trademarks of The StartUp Team, LLC.
Notice. For the purposes of this Agreement, notices and all other communications provided for in this Agreement shall be in writing and shall be deemed to have been duly given when delivered or mailed by United States registered mail, return receipt requested, postage prepaid. Notices may be sent to such address as either party may have furnished to the other in writing in accordance herewith, except that notice of change of address shall be effective only upon receipt.
Changes to Terms. You are responsible for reviewing this Agreement. If you do not agree with this Agreement, then please do not use the Website or the Services. The EZ Startup may revise this Agreement without notice to you.
Waiver. No waiver by either party hereto at any time of any breach by the other party hereto of, or compliance with, any condition or provision of this Agreement to be performed by such other party shall be deemed a waiver of similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.
Governing Law. The validity, interpretation, construction and performance of this Agreement shall be governed by the laws of the State of New York.
Dispute Resolution and Arbitration. Most customer concerns can be resolved promptly by contacting The EZ Startup directly at (800) 657-6150 or through https://theezstartup.com/contact-us/. If, for some reason, we are not able to address your concerns to your satisfaction, then we each agree to resolve them through binding arbitration in New York, New York in accordance with the rules of the American Arbitration Association then in effect and judgment may be entered on the arbitrator’s award in any court having jurisdiction thereof. You hereby agree that any arbitration under this Agreement shall take place only on an individual basis; class actions and class arbitrations are not permitted.
Validity. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
Complete Agreement. This Agreement constitutes the complete agreement and sets forth the entire understanding and agreement of the parties as to use of the Website and supersedes all prior discussions and understandings in respect thereof.