Startup Business Boot Camp, Inc. (hereinafter "SBBC", "Boot
Camp", "Us", "Its", "Our", "We" or
the "Company") is a service (hereinafter "Event", "Events" Service,
or "Boot Camp") that provides hands-on educational workshop
events in cities across the United States for people interested in
starting a new business or profitably expanding an existing business
with the goal of launching their ideas in just 1 weekend.
This is a legal agreement ("Agreement", "Terms",
the "Terms and Service", the "Terms and Use" or
the "Terms and Conditions") between You (hereinafter "You", "User", "Attendee",
or "Participant") and SBBC. By using the StartupBusinessBootCamp.Com
Web site, joining Its email list(s) or by participating in Its Events,
You explicitly agree to be bound by these Terms and Conditions of this
Agreement described herein. If User does not agree to the Terms, User
may not use this Web site, join Our email lists and may not attend
Our Events. This Terms of Service was last updated on March 31, 2009.
CANCELLATION AND REFUND POLICY
By registering for Our Events, Attendee
agrees to the Event price in exchange for the service We provide. It
is Our goal to remove the risk to registering early for Our Events
and maximize Your cash flow. Therefore, upon Your initial registration
for one of Our Events, only a $95 refundable deposit of the Event fee
shall be charged if You are paying by credit card or eCheck. Should
You contact Us via email, mail, fax or telephone (and received a confirmation
back from Us) 10 calendar days or more prior to the start of the Event
You registered for, You shall receive a full refund of Your deposit.
Should you contact Us via email, mail, fax or telephone (and received
a confirmation back from us) less than 10 calendar days prior to the
start of the Event You registered for, We shall grant You a full rain
check credit for any monies paid by You which can be used toward any
one of Our Events in any City. The Event registration fee, less Your
initial $95 deposit, shall be charged on or about the 7th calendar
day prior to the Event You registered for.
This Web Site is owned and operated by Startup Business
Boot Camp, Inc. All written, photographic, audio and video content
contained on this Web Site and either displayed or handed out at Its
Events are the property of and is owned by SBBC. User acknowledges
that User does not acquire any ownership or intellectual property rights
by viewing or downloading Our copyrighted material. Attendee may not,
engineer, disassemble, decompile, modify or create derivative works
with respect to information, materials, electronic files, method or
process conveyed on Our Web site or at Our Events. User may not remove
any copyright, trademark or other intellectual property or proprietary
notice or legend contained on the SBBC Web site or provided at Its
Events. No part of the work reflected on Our Web pages or at Our Events
and covered by copyright law may be reproduced or copied in any form
or by any means - graphical, mechanical or electronic, including taping,
photocopying, or information storage and retrieval systems for anything
but Your own personal use - without the express written permission
of Startup Business Boot Camp, Inc. All rights reserved.
INFORMATION ON OUR WEB SITE
Information on the StartupBusinessBootCamp.com
Web Site is provided "AS IS" and may contain technical inaccuracies
or other errors. The operation of Our Web site may be interfered with
by any number of factors outside of Our control. User uses this Web
Site at User's own risk. The information contained in this Web Site
is for general information and educational purposes only. We make no
representations or warranties of any kind, express or implied, about
the completeness, accuracy, reliability, suitability or availability
with respect to the website or the information, products, services,
or related videos or informational content contained on the website
for any purpose. Any reliance User places on such information is, therefore,
strictly at User's own risk. In no event will SBBC be liable for any
loss or damage including without limitation, indirect or consequential
loss or damage, or any loss or damage whatsoever arising from loss
of data, money or profits arising out of or in connection with the
use of this Web Site.
INFORMATION SUPPLIED BY YOU
Any and all information User provides
to SBBC will be true, complete and correct in all aspects and material
information will not be omitted. User will obey all applicable laws
and regulations while using the SBBC Web site and while attending Our
SBBC reserves the right to reject any User's
event registration, wait list registration, email list request and
may reject admission to any of Its events for any reason whatsoever,
or if registration has been effectuated, refund User's registration
fee in full and prevent User from participating in any of Its Events.
PAYMENT, CHARGE BACKS AND REVERSALS
By completing the registration
process for one of Our Events, User hereby agrees to pay the Admission
Fee charge shown on the appropriate page(s) of the SBBC Web site and
further affirms that User will not "charge back" or otherwise
dispute the Fee for any reason whatever without first contacting Us
with Your issue. If there is a dispute regarding payment for the Services
provided by Us, User agrees to expeditiously contact Us to resolve
said dispute before escalating the dispute to User's credit card company.
User should understand that it is always Our sincere desire to resolve
any dispute should one arise in a fast and fair manner.
Occasionally, Our Events may be covered by members of the
media. User agrees that should User participate in one of Our Events,
You may be photographed, written about or filmed by said media. Additionally,
We may take photos of Our events for Our own purposes. Attendee hereby
grants to Us the right to use Your likeness and/or pictures, testimonials
(either written or video) on Our website, advertising materials, press
releases and press articles and the like. If this is a serious concern,
User should contact Us by telephone prior to registration so We may
attempt to acccmodate You.
NO PROFESSIONAL ADVICE
Absolutely NONE of the information provided
during the Startup Business Boot Camp Event, at any of Our other seminars, during any discussion by any of Our staff or Instructors or through information on any printed materials We create should be construed in
any way to be legal, accounting or other professional "advice".
While we may often offer opinions or share information in legal or
accounting matters, neither the Company nor the Boot Camp Instructor
shall be deemed to be practicing law, accounting or any other service
requiring a professional license. It is Your sole and complete responsibility
to verify any and all information presented at an Event and You are
highly encouraged to seek licensed expert counsel for professional
advice on any and all legal, accounting, insurance or other issues
in areas where a professional license is required to dispense advice.
BUSINESS CONCEPT VIABILITY
SBBC holds no responsibility whatever for
the outcome of any investigated, pursued or launched business concept
by Attendee. Attendee understands that while SBBC provides tools, information
and analysis regarding business concept viability, SBBC makes no absolute
guarantees pertaining to the viability or ultimate success of any concept
presented by Attendee or suggested by Us or Our Instructors.
ERRORS AND OMISSIONS
We have used Our best efforts to ensure that
all of the information we provide at Our Events is accurate. However
information, rules, laws, regulations, phone numbers, etc. can and
do change from time to time. Therefore, Startup Business Boot Camp
cannot absolutely guarantee the accuracy of all the information provided
at any particular Event. SBBC is neither responsible nor liable for
errors or omissions of any kind either on Its Web site, in Email communications,
Telephone communications, Video, Fax or Written communications or at
Its Events. Furthermore, User agrees to indemnify and hold harmless
SBBC, its officers, directors, shareholders, consultants, Boot Camp
Instructors, agents, experts, invitees, outside speakers, employees,
contractors, partners, affiliates, licensees and subsidiaries from
any and all losses, claims, damages, expenses (including reasonable
fees, disbursements, and other charges of Counsel), actions, proceedings,
liabilities or investigations (whether formal or informal), or threats
thereof, based upon, relating to, or arising in connection with any
and all of the Services that SBBC provides or claims to provide as
well as business pursuits that You take on either before, during or
after an SBBC Event. Further, You agree not to initiate any claim whatever
against SBBC as a result of any of Our Boot Camp Events or other activities
and You affirm that You take sole and complete responsibility for any
and all results or the lack thereof in pursuing any business idea.
Although helpful to both Us and Attendee, Attendees
are not required to disclose the exact nature of their concepts. By
participating in this Event and sharing Your business ideas with Us
and other participants, You absolve Startup Business Boot Camp and
Your Instructor from any and all implied confidentiality, circumvention
and/or competitive restrictions. Any concept the requires confidentiality
(such as a pre-patentable concept, etc.) does not have to be disclosed
but if Attendee does share information about their ideas and concepts,
Attendee may not make any claims whatsoever against SBBC due to Attendees
Attendee hereby understands that the information, tools, processes, strategies, materials and "system" presented at Our Events are copyrighted, confidential, and proprietary to the Startup Business Boot Camp and attendee agrees not to record, duplicate, distribute, release, sell, teach or train from Our materials in any manner whatsoever without the express written permission of Us. Any unauthorized distribution or use of Our proprietary materials and intellectual property by You or through You via others is prohibited and We will pursue legal action and full damages if these terms are violated in order to protect Our rights.
DISCLAIMER OF WARRANTY
Our online services and materials are provided "as
is" without warranty of any kind. Further, We do not warrant,
guarantee, or make any representations regarding the use, or the results
of the use, of the materials in terms of correctness, accuracy, reliability,
or otherwise. Attendee assumes the entire risk as to the results and
performance obtained from the Services and materials. We assume no
responsibility for and hereby disclaim all warranties, oral or written,
express or implied, including, without limitation, the warranties of
merchantability and of fitness for a particular purpose.
We do Our best to ensure We accurately represent Our Events and their potential to help You achieve Your business goals. However, there is no guarantee that any attendee will earn any money using the techniques We teach. Nothing on Our Web site or in any of our marketing materials is a promise or guarantee of earnings. Your level of success in achieving results is dependent upon a variety of factors including Your skill, knowledge, time available, ability, dedication, business savvy, and financial situation. Because these factors differ according to individuals, we cannot guarantee anyone's success or ability to earn revenue. You alone are responsible for Your actions and results in life and business.
User / Attendee hereby agrees to the use of electronic
records to evidence this Agreement. User understands that User has
the right to not consent to the use of electronic records by not transacting
business with the Company.
GOVERNING LAW AND GENERAL PROVISIONS
Any claims relating to the use
of Our Web site or attendance at Our Events shall be governed by the
laws of Broward County, Florida, U.S.A.
SBBC may at any time change or discontinue any aspect, pricing
or feature of its Web Site or Events, including but not limited to,
Its content, hours of operation, ways to contact the Company, as well
as technical requirements needed to use or access the Web Site and
its related services.
The StartupBusinessBootCamp.com Web site may contain hyperlinks
to other third party Web sites not under Our operation or control.
Our Event materials may also reference Web sites of other third parties
not under Our operation or control. When We provide said links, We
do so only as a convenience and do not necessarily endorse and are
not responsible for the contents of any linked or referenced site or
any hyperlink contained in a linked or referenced site.
User agrees to indemnify, defend and hold harmless
SBBC, its officers, directors, employees, agents, licensors, investors,
instructors, experts, invitees, outside speakers, suppliers and any
third party information providers to the Service from and against any
and all losses, expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these Terms (including negligent
or wrongful conduct) by User’s use of the Web Site or attendance at
Our Events. SBBC is not to be held responsible for any losses due to
following the information, opinions or recommendations discussed by
Our Instructors or in Our Event materials.
Startup Business Boot Camp
without prior notice. Such modifications, deletions and/or additions
will take effect upon updating this Web page. Termination of this Agreement
is the sole and exclusive remedy if You deem the modification to be
unacceptable. Your use of this Web site following any such change constitutes
Your acceptance and Your approval to follow and be bound to the changed
Terms and Conditions. As a result, we encourage You to review these
Terms and Conditions whenever you Use this Web site or plan to attend
one of Our Events.
COPYRIGHT AND INTELLECTUAL PROPERTY
All of the Content seen and heard
on Our Web site or at Our Events, including but not limited to, all
of the text, page headers, illustrations, graphics, images, videos,
and audio clips, handouts, workbooks, template files, and forms are
subject to trademark, service mark, copyright and/or other intellectual
property rights or licenses held by Us. We reserve complete title and
full intellectual property rights in any Content You download from
Our Web site or are provided by Us at Our Events. Except as noted herein,
You may not copy, download, reproduce, modify, publish, distribute,
transmit, transfer or create derivative works from the Content for
any commercial purposes without first obtaining written permission
from Us. You may not use information or materials provided to You by
Us at Our Events in any fashion that infringes Our copyright or proprietary
interests therein, including any patent, trade secret, trademark, or
similar intellectual property right.
“Startup Business Boot Camp”, “Your One Stop Start Your
Business Event”, Our logo, and all graphics, buttons and Web page information
are trademarks or service marks of SBBC. All rights are reserved. Existing
Trademarks: All logos and advertisements relating to other entities
are or may be registered trademarks of their respective owners. No
relationship of any kind, expressed or implied may exist between the
Company and the owners of said trademarks.
Any and all personal data (for example, Your name, address,
telephone number or e-mail address) you transmit to Us by electronic
mail or otherwise will be used by Us in accordance with Our Privacy
Policy as posted on Our Web site.
EVENTS AND FOOD
We typically provide snacks and Lunch at Our Events.
If You have dietary issues or food allergies, it is Attendee's responsibility
to notify Us as such. Unfortunately, We cannot always guarantee replacement
food will be available, although, We will attempt to accommodate You
if We can, by providing alternate food or, You may bring Your own food.
The Startup Business Boot Camp assumes no responsibility whatsoever
regarding the efficacy of the food it may provide at its Events as
it relates to allergens. If Attendee has a severe food allergy, Attendee
should not partake in any food provided at an Event.
CONSENT TO BINDING ARBITRATION
By executing this Agreement You hereby
consent and agree that any and all disputes that arise concerning this
Agreement or any of the terms of this Agreement shall be decided exclusively
in binding arbitration conducted by the American Arbitration Association
('AAA'). User further consents and agrees that User may file their
complaint with the AAA in their state, but that all AAA arbitration
hearings shall be conducted in Broward County, Florida, where Company
is headquartered and located, before a single AAA arbitrator. The arbitrator
shall be appointed in accordance with the Section R-13, Appointment
from Panel, of AAA's Commercial Arbitration rules. User consents and
agrees that the AAA arbitrator shall exclusively apply Florida law
to the dispute, regardless of and without giving any consideration
to choice of law principles. User further consents and agrees that
each party will bear his/her/it's own cost and attorneys' fees incurred
in connection with the AAA arbitration proceedings, and agree that
the AAA arbitrator shall have no power or discretion to make any award
of costs or attorneys' fees. However, in the event that User or Company
files any court proceedings in violation of the contractually agreed
upon arbitration requirement, the party who is required to appear in
any court proceedings to defend against such proceeding shall be entitled
to an immediate stay and dismissal of such court proceedings, and shall
be entitled to an award of all reasonable attorneys' fees and costs
incurred in connection with such court proceedings. The final decision
of the arbitrator shall be furnished in writing and shall constitute
a conclusive determination of the issue(s) in question, binding upon
the User and Company, and shall not be contested by either of them
except as permitted by applicable law. Such decision may be used in
a court of law only for the purpose of seeking enforcement of the arbitrators'
User hereby agrees and consents that the venue for any
and all legal matters is Broward County, Florida, USA.
NOTICE AND NOTIFICATION
These Terms and Conditions serve as Your purchase
agreement and are notification of such. Except as explicitly stated
otherwise or required by law, User shall provide any notices to SBBC
by the methods listed on Our Contact page.
No failure to enforce any provision, assert any right or insist
on performance of any provision under this Agreement in any instance
shall be deemed a waiver of the ability to enforce such provision,
assert such right, or insist on the performance of such obligations
in the future. Our failure to enforce any provision of this Agreement
will not constitute a waiver of Our right to subsequently enforce such
provision or any other provision of this Agreement.
This Agreement constitutes the entire understanding
with regard to Your use and/or attendance at Our Events and supersedes
all prior representations, oral or written. If any provision, paragraph,
subparagraph, sentence, or word of this Agreement is adjudged by any
court of law to be void or unenforceable, in whole or in part, the
rest of the Agreement shall remain in full and complete effect. The
parties agree that in such event, the offending clause will be replaced
with a provision or provisions having the same economic effect. This
Agreement shall be binding on, and shall inure to the benefit of, the
parties to it and their respective heirs, legal representatives, successors
and assigns. By ordering from SBBC or utilizing Services of SBBC, You
hereby acknowledge that You have read the above Terms and Conditions,
understand them, and agree to be legally bound by them.
BY USING THE STARTUPBUSINESSBOOTCAMP.COM WEB SITE AND/OR ATTENDING
ON OUR EVENT REGISTRATION SCREEN(S) YOU ACCEPT AND AGREE TO THESE TERMS
AND CONDITIONS OF USE.
If you have further questions regarding any aspect of Our Web site,
these Terms, Events or other Services provided by Us, please contact