YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
Startup Food Biz provides an online legal platform for legal information and an automated solution to individuals and businesses who choose to prepare their own legal documents. The Site includes general information on commonly encountered legal issues. Startup Food Biz Services also include a review of your answers for completeness, spelling and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. Startup Food Biz is not a law firm and may not perform services performed by an attorney. Startup Food Biz, its Services, and its forms or templates are not a substitute for the advice or services of an attorney.
Startup Food Biz strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, Startup Food Biz cannot guarantee that all of the information on the Site is completely current. While our staff expends great efforts to maintain and publish accurate information, state and federal laws are constantly evolving. In addition, laws are open to different interpretation and greatly vary amongst different jurisdictions. No general information or legal tool like the kind Startup Food Biz provides can fit every circumstance. Furthermore, the legal information contained on the Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, Startup Food Biz may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to third party attorney directory listings and third party limited scope agreements. At no time is an attorney-client relationship formed or created with Startup Food Biz through the performance of any such services.
This Site is not intended to create any attorney-client relationship, and your use of Startup Food Biz does not and will not create an attorney-client relationship between you and Startup Food Biz. Unless you are otherwise represented by an attorney, you represent yourself in any legal matter you undertake through our Services.
2. Ownership. This Site is owned and operated by Startup Food Business, Inc. All right, title and interest in and to the materials provided on this Site, including but not limited to information, documents, logos, graphics, sounds and images (the "Materials") are owned either by Startup Food Biz or by our respective third party authors, developers or vendors ("Third Party Providers"). Except as otherwise expressly provided by Startup Food Biz, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site shall be construed to confer any license under any of Startup Food Biz's intellectual property rights, whether by estoppel, implication or otherwise. Startup Food Biz does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by Startup Food Biz. Any rights not expressly granted herein are reserved by Startup Food Biz.
4. Links to Third Party Sites. This Site may contain links to websites controlled by third parties other than Startup Food Biz (each a "Third Party Site"). Startup Food Biz works with a number of partners and affiliates whose sites are linked with Startup Food Biz. Startup Food Biz may also provide links to other citations or resources with whom it is not affiliated. Startup Food Biz is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. Startup Food Biz makes no guarantees about the content or quality of the products or services provided by such sites. Startup Food Biz is not responsible for webcasting or any other form of transmission received from any Third Party Site. Startup Food Biz is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Startup Food Biz of the Third Party Site, nor does it imply that Startup Food Biz sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that Startup Food Biz is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
License to Use.
Startup Food Biz grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the "Forms") for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
Resale of Forms Strictly Prohibited.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of Startup Food Biz.
6. DISPUTE RESOLUTION BY BINDING ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by emailing our Customer Service Center at [email protected].
If the our Customer Service Center is unable to resolve your complaint to your satisfaction (or if Startup Food Biz has not been able to resolve a dispute it has with you after attempting to do so informally), we mutually agree to resolve any such dispute through binding arbitration under the auspices of the American Arbitration Association (“AAA”). AAA will administer any such arbitration under its Commercial Arbitration Rules and Mediation Procedures. The arbitration will be held in Orleans Parish, Louisiana.
A party who intends to seek arbitration must first send, by U.S. certified mail, a written Notice of Dispute ("Notice") to the other party. A Notice to Startup Food Biz should be addressed to: Notice of Dispute, Attn: Legal Department, Startup Food Business, Inc., 625 Celeste St., Suite 201, New Orleans, LA 70130 (the "Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute and (b) set forth the specific relief sought ("Demand"). If Startup Food Biz and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Startup Food Biz may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Startup Food Biz or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Startup Food Biz is entitled.
All issues are for the arbitrator to decide, except that issues relating to the scope, enforceability and interpretation of the arbitration provision.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. YOU AND STARTUP FOOD BIZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITIES AND NOT AS PLAINTIFFS OR CLASS MEMBERS IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR IN THE CAPACITY OF A PRIVATE ATTORNEY GENERAL. Further, unless both you and Startup Food Biz agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award any relief that a court could award that is individualized to the claimant and would not affect other customers. Neither you nor we may seek non-individualized relief that would affect other customers. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
If the amount in dispute exceeds $75,000 or either party seeks any form of injunctive relief, either party may appeal the award to a three-arbitrator panel administered by AAA by a written notice of appeal within thirty (30) days from the date of entry of the written arbitration award. An award of injunctive relief shall be stayed during any such appeal. The members of the three-arbitrator panel will be selected according to AAA rules. The three-arbitrator panel will issue its decision within one hundred and twenty (120) days of the date of the appealing party's notice of appeal. The decision of the three-arbitrator panel shall be final and binding, subject to any right of judicial review that exists under the FAA.
8. Acceptable Use of Communication Services. At various locations on the Site, Startup Food Biz may permit visitors to post comments, ratings, reviews, live chats, questions, answers and other content ("Communication Services"). You agree to use the Communication Services only to post, send and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:
Although Startup Food Biz has no obligation to monitor Communication Services, we reserve the right, in our own discretion, to review, edit, redact, remove, re-categorize to a more appropriate location or otherwise change any posted to a Communication Service, in whole or in part. Startup Food Biz reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process or governmental request.
If Startup Food Biz's staff finds that files or processes belonging to a member pose a threat to the operation of the system or to the security of other members, Startup Food Biz reserves the right to delete those files or to stop those processes. If the Startup Food Biz staff suspects a user name is being used by someone who is not authorized by the proper user, Startup Food Biz may temporarily disable that user's access in order to preserve system security. In all such cases, Startup Food Biz will contact the member as soon as feasible.
Under federal law, you retain copyright on all works you create and post as Communication Services, unless you choose specifically to renounce it. In posting a work as Communication Services, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant Startup Food Biz a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium or technology throughout the world without compensation to you. You have the right to remove any of your works from Communication Services at any time.
You are not required to provide your real name when signing up as a user of Startup Food Biz. Startup Food Biz permits anonymous or pseudonymous accounts. Any user may request that such member's email address be hidden to provide for additional privacy.
9. NO WARRANTY. THE SITE AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, STARTUP FOOD BIZ EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
STARTUP FOOD BIZ MAKES NO WARRANTY THAT: (A) THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. STARTUP FOOD BIZ SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
STARTUP FOOD BIZ'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE LESSOR OF $500 OR THE AMOUNT PAID BY YOU TO STARTUP FOOD BIZ FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU, AS LICENSEE, MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO PORTIONS OF THE ABOVE MAY NOT APPLY TO YOU.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION. EXCEPT AS PROHIBITED BY LAW, YOU SHALL HOLD STARTUP FOOD BIZ AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF STARTUP FOOD BIZ HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF STARTUP FOOD BIZ, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
11. Unsolicited Submissions. Except as may be required in connection with your use of Startup Food Biz Services, Startup Food Biz does not want you to submit confidential or proprietary information to us through this Site. All comments, feedback, information or material submitted to Startup Food Biz through or in association with this Site shall be considered non-confidential and Startup Food Biz's property. By providing such submissions to Startup Food Biz you hereby assign to Startup Food Biz, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. Startup Food Biz shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
12. Compliance with Intellectual Property Laws. When accessing Startup Food Biz or using the Startup Food Biz legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party's copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your Startup Food Biz user account.
Startup Food Biz has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of Startup Food Biz or of a third party or that violate intellectual property rights generally. Startup Food Biz's policy is to remove such infringing content or materials and investigate such allegations immediately.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.
If you believe that any material on our website infringes upon any copyright which you own or control, you may file a DMCA Notice of Alleged Infringement with Startup Food Biz's Agent for Notice of claims of copyright or other intellectual property infringement:
Startup Food Business, Inc.
Attn: Legal Department
625 Celeste St., Suite 201
New Orleans, LA 70130
Email: [email protected]
13. Personal Use. The site is made available for your personal use on your own behalf.
14. Children. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us.
16. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Startup Food Business, Inc. ALL RIGHTS RESERVED.
17. Trademarks. Startup Food Biz™, StartupFoodBiz.com™, the bi-colored "Startup Food Biz" logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of Startup Food Biz. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
18. Inquiries. BY USING STARTUP FOOD BIZ'S SERVICES OR ACCESSING THE STARTUP FOOD BIZ SITE, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO STARTUP FOOD BIZ VIA THE STARTUP FOOD BIZ SITE CONSTITUTES AN INQUIRY TO STARTUP FOOD BIZ, AND THAT STARTUP FOOD BIZ MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
19. Right to Refuse. You acknowledge that Startup Food Biz reserves the right to refuse service to anyone and to cancel user access at any time.