Terms of Use

Effective Date: January 22, 200

These Terms of Use (“Terms”) governs Your use of www.techstart.org (the “Site”). For purposes of these Terms, “You” means the person using the Site and “We” and “Us” mean Techstart. By using the Site You accept the terms and conditions of these Terms. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SITE.

1.          General Terms

You may be able to view products and information, request information and engage in certain services on the Site.  We reserve the right, for any reason, in its sole discretion, to terminate, change, upgrade, suspend or discontinue any aspect of the Site, including, but not limited to, content or features. We may also impose limits on certain features of the Site or restrict Your access to part or all of the Site without notice to You or penalty to Us.

2.          Proprietary Rights

The Site, all the content (including, for example, audio, photographs, illustrations, graphics, video and software), code, data, works of authorship and materials on the Site, the look and feel, design and organization of the Site, and the compilation of the material on the Site (collectively, the “Content”) are protected by U.S. and international copyright, trademark and other laws. We and our licensors own, solely and exclusively, all rights, title and interest in and to the Site, the Content, including, but not limited to, all intellectual property and proprietary rights in the Site and Content. Your use of the Site and/or the Content does not grant to You any ownership in or to the Content or Site.

The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or in connection with the Content made available through the Site are registered and unregistered Trademarks of Us and our licensors and may not be used except with written permission of the respective Trademark owner. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission from US or the third party that may own the applicable Trademark. Your misuse of the Trademarks displayed on the Site or on or through any of the Site’s services is strictly prohibited.

We grant You a limited, revocable, nonexclusive, non-transferable, personal license to access, display and copy the Content for personal, non-commercial use only, subject to and conditioned on Your continued compliance with the terms and conditions in these Terms. This license is granted solely to allow You to visit and display the Site as permitted by these Terms. You agree not to remove, alter or obscure any proprietary notices provided in or with the Content. All rights not expressly granted in these Terms are reserved.  You expressly agree that you will not (1) use, copy, republish, upload, distribute, collect, modify, transmit, or post the Content or the Site for commercial purposes; or (2) modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, rental or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

3.          Prohibited Uses

You may use the Site only for lawful purposes. You may not transmit, post, store, distribute, display or present any information, software, data, file or material in violation of any applicable law or regulation. You may not use the Site to facilitate, or otherwise assist others in, the violation of any law or regulation.

4.          Submissions and Privacy

In the event that You submit or post any ideas, creative suggestions, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, You expressly agree that such submissions will automatically be treated as non-confidential and non-proprietary and will become the sole property of Us without any compensation or credit to You whatsoever. We and our affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purpose in any medium in perpetuity, including, but not limited to, developing, manufacturing and marketing products and services using such ideas.

We agree to treat Your personal information in accordance with the terms of our then-current Privacy Policy available at https://www.techstart.org/privacy-policy, which is incorporated into these Terms by reference. You agree to our use of Your personal information in accordance with the Privacy Policy.

5.          Indemnification

To the maximum extent permitted by law, You agree to indemnify and hold Us, our affiliates, members, officers, directors, employees, agents, and licensors harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including, without limitation, reasonable attorneys’ fees), arising out of or related in any way to (1) Your use of the Site; (2) Your submission, posting, transmittal, display, storage, distribution, removal or any other use of any Content and/or any other materials or content; (3) Your violation of these Terms; (4) Your violation of any law or regulation, or violation of any proprietary or privacy right; or (5) Your violation of any third party intellectual property right, including, without limitation, copyright, patent, trademark or trade secret. This indemnification obligation will survive these Terms and Your use of the Site. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with our defense of such claim.

6.          Disclaimer

THE SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE THAT ANY RELIANCE ON OR USE OF THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE SITE OR THE CONTENT. WE DO NOT ENDORSE OR MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF THE SITE.

Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to You.

7.          Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO ANY PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE, ANY WEBSITE LINKED TO THE SITE, OR THE CONTENT CONTAINED OR ACCESSED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE AWARE OF OR OF ADVISED THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR THE CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE OR THE CONTENT.

Some jurisdictions do not allow the limitation of liability for certain damages so the above limitation of liability may not apply to You.

8.          Governing Law

These Terms and the relationship between You and Us shall be governed by the laws of the State of Oregon, without regard to its conflict of law provisions. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. 

9.          Limitations on Claims

Any cause of action You may have with respect to Your use of the Site must be commenced within one (1) year after the claim or cause of action arises.