Last Updated June 15th, 2014
Terms of Service
1. Self Publishing Service
You recognize and accept that the Service is a non-moderated service which enables you and others to publish any information you (or they) want, subject to legal limitations and to policies stated herein, using the space and utilities provided (self publishing).
2. Private Placement Securities
The Service is a platform for issuers, investors, media and others interested in private offerings of securities from businesses looking to raise capital. Such securities are unregistered and not subject to the same level of disclosures, regulatory filings or due diligence as public companies and, as such, are MUCH riskier for investors. Deals (offerings of securities by private companies) may only be available to certain investor types, classes and/or groups, depending upon the type of offering, various regulatory requirements, and/or the preferences of the issuer and their advisors; including, but not limited to, limiting deal access or investment capability to accredited investors, to clients of specific brokers, and/or to members of certain groups.
3. No Investment Advice
Jumpstart Securities does not itself sell, nor does it directly offer to sell, any securities; User agrees that no Content on this site constitutes or can be interpreted as an offer or sale of securities by Jumpstart Securities. All offers and sales of securities on the site are done solely by the businesses listing their deals and raising capital. Furthermore, User agrees unconditionally that the contents of this website and the Service do not constitute financial, accounting, legal, or tax advice from Jumpstart Securities. Investors are solely responsible for conducting any legal, accounting, anti-fraud, and/or other due diligence on deals in which they invest. You should always obtain investment and tax advice from your professional advisers before investing. Deals, and the investments you may make, are not FDIC, SIPC or otherwise insured or guaranteed IN ANY WAY, and may lose value or become worthless for a wide variety of reasons. That deals are listed for viewing and possible investment on the Jumpstart Securities' platform, and that we may have, either directly or through a third-party, performed some basic due diligence, does not constitute an endorsement or recommendation, nor a representation about the quality or attractiveness of any deal; this includes, but is not limited to, the "Featured Deals" section of the platform, which is simply a paid advertisement upgrade by the issuer and is not an endorsement or recommendation in any form by Jumpstart Securities.
4. Business Funding Offerings ("Deals")
All businesses who use or intend to use the platform for raising capital, regardless of whether that capital raising is debt, equity or any hybrid, must comply with and agree to the following in order to post an investment offering ("Deal"):
- The company principal(s) and/or authorized person(s) responsible for creating and publishing the deal on the Jumpstart Securities platform are completely accountable and liable for information presented and disclosures made in the Offering Memorandum, as well as any which are not made, and for all Content published in the blogs, updated, comments, and other user-generated content areas of the Service. Jumpstart Securities does not participate in, and you agree is in no way liable for, any inaccurate, incomplete, misleading, erroneous, or missing data.
- The person(s) responsible for creating and publishing the deal on the Jumpstart Securities platform hereby represents and warrants that they are at least 18 years of age and are of legal capacity to publish information in the online Offering Memorandum, and has the authority to enter into and thus form a binding contract with each of Jumpstart Securities and investors.
- You agree that Jumpstart Securities and it's agents, representatives, offices, directors and partners have made absolutely no promises nor representations regarding the timing or likelihood of any deal being successfully funded.
- The business must be organized in the USA, located within the USA and with primary business operations inside the USA.
- We will only send funds from successfully funded offerings by wire, to US banks, at a branch office located inside the US, and only to an account in the company name.
- All data, information, and other Content you post on the Service is accurate and truthful.
- Only FINRA broker-dealers (and registered reps associated with them) can advise investors or share offering success fees. Issuers may, of course, pay accountants, lawyers, business plan writers and others who assist them professionally so long as such compensation is in no way tied to a percentage of, or the success of, a deal being funded.
- The business, and all officers, directors and 10%+ shareholders grant us the authority to have a third-party (or several) perform criminal, civil, credit and securities background checks. Furthermore, we can display results publically.
- Only businesses which are legally organized, and in good standing, in a US state and who have an IRS corporate tax id number can post offerings on the platform.
- Based upon feedback from prospective investors, Issuers will have the ability to change the terms of a deal at any time prior to closing. However, if offering terms change, all previously committed investors will be changed to "pending" status and need to reconfirm their participation.
- Pending and Awaiting Funds investors are not considered Confirmed and thus do not count towards fulfilling a deals funding requirement.
- Confirmed investors may cancel their commitment at any time prior to the deal being closed.
- We do not accept the following listings on the funding platform;
- Charities or non-profits;
- Performing, recording, film, dance, or other arts;
- Companies with or acting as a casino or gambling enterprise;
- Businesses producing or distributing alcoholic products of any form (does not apply to retailers or restaurants);
- Nightclubs, bars, lounges, or performing arts venues;
- Entities producing content or products of or related to pornography; or,
- Businesses not based in the US.
- Issuers may post announcements of their offering in various places (e.g. Facebook, Twitter, email, etc) BUT SHOULD NOT OFFER TO SELL THE SECURITIES THERE. All interested persons MUST be directed to the Issuers Offering Memorandum on Jumpstart Securities, which has all the deal terms and disclosures, as required by securities regulations.
- No gaming the system, especially w/deal ratings. Abuse will lead to an offering being suspended or even deleted from the system.
- Fundraising on the Jumpstart Securities platform is an "all or nothing" proposition, and Issuers should raise enough to sufficiently fund their business plan. Other rules and limitations are subject to SEC and other regulatory issuance.
- Issuers will need to file periodic forms and disclosures with the SEC and possibly with various states, as well as provide investors with periodic updates as required by regulators; some of which may be automated through the platform, and some of which Issuers will need to do themselves (or hire a third-party to do for them).
- In Reg 506(c)-D offerings Issuers will need to file Form D and other disclosures as required by the SEC and by individual states.
- Issuers agree they will not fund an offering away from Jumpstart Securities. In the event this occurs, they agree to pay Jumpstart Securities the deal success and other fees just as if it were funded through the platform.
- Student projects are exempt from fees and do not display in the same area as real deals. Furthermore, investors are prevented from actually investing in student projects and Jumpstart Securities does not conduct any due diligence on them (since they aren't actual offerings).
- Issuers agree, upon a successful funding, to positively and prominently acknowledge Jumpstart Securities both on their website (with a permanent direct link to www.JumpstartSecurities.com) and in a press release.
- Issuers agree, upon a successful funding, that Jumpstart Securities may include their executives name(s), their company name, and some details of the deal in press releases, in marketing materials, and in statistical reports.
5. Investors and Due Diligence
- Unaccredited investors may invest in some types of deals on the platform, such as "Crowdfunding" offerings pursuant to Title III of the JOBS Act, subject to certain regulatory rules. Prior to investing, a one-time online educational process is required for unaccredited investors, pursuant to SEC regulations.
- Accredited investors may invest in many types of deals. If you are an accredited investor on Jumpstart Securities then you represent and warrant that you have been completely honest and forthright in your answers on the online investor questionnaire and that you will provide documentation or appropriate third-party confirmations to substantiate such status to meet the "reasonable" requirements setforth by the SEC. Furthermore, should your status as an accredited investor change at any time you will immediately inform Jumpstart Securities of such change, remove your Accredited Investor seal from your profile, and cease investments which require accreditation.
- You acknowledge and accept that investing in private placements is EXTREMELY RISKY due to a variety of factors; including, but not limited to, the reduced disclosures required by law, the general difficulty in conducting due diligence, and the propensity of private businesses to fail for a myriad of reasons. You hereby accept that Jumpstart Securities only conducts the minimal due diligence required by law, that such due diligence may be flawed, dated, and/or inaccurate, and that you have not in any way relied on any due diligence conducted by Jumpstart Securities or it's third-party service providers and it is categorically NOT a factor in nor the basis upon which you have made your investment decision(s). You will conduct your own due diligence on all deals you are interested in, and you unconditionally and forever release Jumpstart Securities and its agents, officers, directors, partners, representatives and third-party service providers from any and all liability associated with issuer disclosures, due diligence, and representations, even in all deals posted on the platform, even in the event of outright fraud whether or not it could have reasonably been known or foreseen at the time of posting or at any time thereafter.
- You acknowledge and accept the private placement securities are illiquid, and that the covenants, terms and expectations may never come to fruition, and that the risk of losing part or all of your investment is extremely high. You represent and warrant that you can bear such illiquidity and risk of loss of principal (and interest, if any) and thus this does not in any way affect your decision to make any investment.
- You understand and accept that past performance of a start-up team or of an existing business is not a guarantee of future performance.
- You will read and agree to both the deal risk disclosures and the subscription agreement before making any investment, and that such agreements are hereby incorporated into this Agreement by reference.
- You understand and accept that "student projects" are not investable deals. In the event you click to view listings in the student section of the site, which is completely separate and not indexed the same as real offerings are, you will not rely on any information contained therein. You agree that Jumpstart Securities has absolutely no responsibility to perform any due diligence whatsoever, and will not make any attempt to invest in any deal posted as a student project. You completely understand that, as a student project, the deals posted there are for learning and/or educational purposes only and will generally be fanciful and filled with absolutely groundless data.
- Deal Ratings – In regard to the deal ratings and reviews, these are completely user generated and in no way reviewed, endorsed, verified, adopted, vetted, or moderated by Jumpstart Securities. You agree that we are not in any way entangled with the ratings. We do not in any way create, review, endorse or adopt the content of the information and only function as a passive conduit. No rating or review, nor any other information, posted in that segment was prepared or created by Jumpstart Securities.
6. Non-Moderated Service
Jumpstart Securities provides the technology and infrastructure for the Service in a manner similar to the way a telephone company provides its technology and infrastructure for its customers. Like them, we do not monitor communications. People may publish any content they want. However, we do set forth standards of behavior. Any user found to be violating these standards may have action taken against them without notice which ranges from deletion of Content, to deletion of entire deals, profiles, blogs, groups, comments or forums, to being barred from the Service, and even to referrals to law enforcement authorities. And while Jumpstart Securities does not formally moderate the Service, we may at our discretion review text, photos, images, audio and video, and we may randomly or specifically review comments, blogs, forums, email, groups, and other Content, including those which are otherwise password protected to or hidden from the general public to check for compliance with the standards stated herein; that Jumpstart Securities may do this, User agrees that this does not in any way form an obligation or expectation that Jumpstart Securities will do this and, as such, User will not place any reliance on Jumpstart Securities to moderate or otherwise keep the Service void of any illegal, illicit, fraudulent, slanderous, libelous, or otherwise objectionable Content. Jumpstart Securities assumes no responsibility for any Content, no obligation to modify or remove any inappropriate Content (unless directed to do so by court order or by competent authorities with jurisdiction in the matter), and no responsibility for the conduct of any user ("user" includes you, it includes other members, and includes non-members who are accessing and possibly even contributing Content).
The Service contains multi-user, participatory services, including but not limited to forums, blogs, deal ratings, groups, contests, and other message and communication facilities ("Forums") that may provide you and other users an opportunity to submit, upload, post, display, transmit and/or exchange information, ideas, opinions, information, files, messages, transmissions and Content with other users ("Submissions") and the hosting, sharing, and/or publishing of such Submissions. You understand that whether or not such Submissions are published, Jumpstart Securities does not guarantee any confidentiality with respect to any submissions. Forums, as well as all other aspects of the Service, including your ip address, are not guaranteed to be secure or private and you should assume your Content, information and Submissions can be read and even copied by others, with or without your knowledge or permission. Although a particular feature of the site may have a policy of limited membership or restricted access, Jumpstart Securities shall have no liability if unauthorized persons nevertheless obtain access to your Content or other information. Your use of the Service is at your own risk.
Jumpstart Securities does not endorse and has no control over the Content and Jumpstart Securities expressly disclaims any and all liability in connection with user Submissions. You understand that when using the Service, you will be exposed to Submissions from a variety of sources, and that Jumpstart Securities is not responsible for the accuracy, usefulness, truthfulness, safety, validity, or intellectual property rights of or relating to such Submissions. You use the Service solely at your own risk, you are solely responsible for the Content that you post on or through any of the Service, and any material or information that you transmit to other users and for your interactions with other Users. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Jumpstart Securities with respect thereto, and agree to indemnify and hold Jumpstart Securities, its owners and operators, affiliates, contractors, partners, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site. Jumpstart Securities neither endorses nor directly controls user postings available, delivered or displayed anywhere on the Service, and Jumpstart Securities assumes no duty to monitor or endorse Content anywhere on the Service, nor does Jumpstart Securities represent or guarantee the truthfulness, accuracy or reliability thereof or that any posting complies with the terms or conditions of this Agreement and you should never rely upon any Content as being true, accurate or reliable and should conduct your own due diligence on any Content before you rely on it in any manner.
You understand, acknowledge and agree that Content originating from any member is the sole responsibility of the individual(s) associated with that profile. This means that you, and not us, are entirely responsible for the consequences of all your Content on the Service. Content, other than as published in the sole Jumpstart Securities profile, does not reflect the views of Jumpstart Securities. In no event shall Jumpstart Securities or any affiliates have or be construed to have any responsibility or liability for or in connection with any Content whatsoever other than is published directly by Jumpstart Securities or the specific affiliate (in which case the affiliate, and not Jumpstart Securities, would have sole liability for their Content); provided, however, if we determine, in our sole discretion and judgment, that any Content does or may violate any of the terms of this Agreement, we reserve the right, at any time and without limiting any and all other rights we may have under this Agreement, at law or in equity, to: (a) refuse to allow you to use the Service; (b) remove and delete Content; (c) revoke your ability to use the Service; and/or (d) use any technological, legal, operational or other means available to us to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or suspending or deleting your account on the Service. You retain all of your ownership rights in your Content. In some circumstances, where Content has been published in such a manner that others have relied on it (including, but not limited to, deal postings, updates and ratings), such Content may never be deleted and will be displayed publically in perpetuity, depending upon regulations from the SEC, from FINRA, and/or internal policies of Jumpstart Securities.
7. Representations and Warranties
As a user of the Service, you understand, represent, warrant, and agree that;
- You are over 18 years of age;
- You agree and acknowledge you are not opening and have not opened a brokerage account at Jumpstart Securities, and we are not managing or holding an account on your behalf. Any investments you make will be directly in and with the issuer of whose deal you are interested, you are not a customer of Jumpstart Securities. You agree that your social membership account on the Jumpstart Securities website does not constitute a brokerage investment account;
- You are solely responsible for any and all Content that you publish on the Service and/or transmit to others;
- Your use of the Service, whether publishing or viewing anything thereon, as well as any communications and/or interactions you have with others, is entirely voluntary; you can stop your use of the Service at any time, and there is nothing forcing you to participate. You are solely responsible for Content you view and/or publish, and for your interactions with others;
- You are solely responsible for setting, managing and securing your passwords, and are fully responsible for all activities that occur under your profile name;
- Jumpstart Securities does not moderate the Service. We may, however, either directly or via our authorized representatives, and without any need for explanation or reason, review, suspend, and/or delete anything you publish;
- If you or anyone else using the Service is in any way damaged by anything arising from your use of the Service, with such damage(s) being financial, psychological, physical, or otherwise you agree to indemnify Jumpstart Securities, as well as all officers, directors, employees, representatives, service providers, partners, and agents, and hold them harmless from any such damage(s);
- We may at our discretion, and without notice, log onto your account to review text, photos, audio and video even those which are unavailable to the general public to check for compliance with the standards stated herein and take appropriate action therefrom as stated in this Agreement;
- Any abuse on the site or in the community, in Jumpstart Securities' sole and arbitrary judgment, may result in selective suspension of various site privileges (e.g. deals, groups, forums, blogs, etc) or even the suspension or termination and deletion of your account;
- You agree not to gain unauthorized access to the Service, other users' accounts, names, personally identifiable information or other computers, websites or pages, connected or linked to the Service or to use the Service in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
- You agree not to modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Service or the rights or use and enjoyment of the Service by any other person, firm or enterprise;
- You may not use any computerized or automatic mechanism, including without limitation, any web scraper, offline reader, spider or robot, to access, extract, capture, or download any Content from the Service. You agree not to use or launch any automated system that accesses the site in a manner that sends more request messages to Jumpstart Securities servers in a given period of time than a person can reasonably create in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, we grant the operators of public search engines, as well as certain partners and regulatory organizations, permission to use spiders and application programming interfaces ("API's") to copy materials from the site for the purposes of creating publicly available, searchable indices of the materials, but not caches or archives of such materials, and for traffic metrics, as well as due diligence and/or compliance requirements. We reserve the right to revoke these exceptions either generally or in specific cases;
- You will abide by standards of conduct and decency which are in line with the general online community, as well as all laws. Violation of this, in Jumpstart Securities' sole and absolute discretion, may result in Jumpstart Securities taking appropriate action against you including, without limitation, deleting content, removing your account(s) from the Service, reporting to law enforcement authorities, and other legal actions. User represents and warrants that you will not directly or indirectly engage in any activity nor post any Content that:
- is in any way illegal or unlawful for you to personally view or post according to rules, regulations, and/or laws of your specific geographic local community where you reside and which you are personally responsible for knowing and complying with;
- you do not own the copyright to;
- harasses or advocates harassment of another person;
- is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- provides access (either directly or via links) to an illegal or unauthorized copy of another person's copyrighted work, such as computer programs, music, videos, photographs, art, etc;
- providing information to circumvent manufacturer-installed copy-protect devices;
- provides instructional information about activities such as making or buying weapons, violating someone's privacy, or creating or distributing computer viruses;
- solicits passwords or personally identifying information from others;
- is an adult soliciting a relationship with a minor;
- constitutes, or could be construed as, harmful matter or indecent communications to minors;
- constitutes, or could be construed as, child pornography or the abuse of children;
- constitutes, or could be construed as, being abusive to animals;
- entices or promotes hate or violence against any particular race, nationality, religion, or lifestyle;
- incite or inflame incendiary reactions or behavior in cultures or groups of people or organizations;
- is illegal, threatening, abusive, hateful, defamatory, libelous, slanderous, or injurious to the reputation of any person or entity;
- is either directly or indirectly an unapproved advertisement of any form for commercial purposes;
- constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights, or other rights;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files and, in any program, file, data stream or other material contains viruses, worms, "Trojan horses" or any other destructive feature, regardless of whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs, or inconvenience to any person or entity;
- promotes or solicits for any competing business to Jumpstart Securities, or to any Jumpstart Securities linked partner.
As the provider of the Service, Jumpstart Securities represents and warrants that it will use commercially reasonable efforts to maintain the Service in good working order, online most of the time, and available to people in general on the world wide web where such content is accessible and not otherwise blocked by technology and/or laws which are out of our direct control. We make no representations or warranties with regards to data integrity, availability, archives, security or back-up's. We strongly encourage you to keep local back-up's on your own computer of all your data and information, and to not post any personally identifiable information on the Service. Jumpstart Securities makes absolutely no representations or warranty's on data integrity or security of any Content or other information including, but not limited to, photos, text, emails, profile settings, ip addresses, email addresses, or credit card information. Nor do we make any representations or warranty's about any member, any Content, or any online or offline interactions you have.
8. Offensive Content
THIS SITE MAY CONTAIN MATERIAL WHICH YOU FIND OFFENSIVE, INCLUDING BUT NOT LIMITED TO PICTURES, IMAGES, VIDEO, AUDIO, AND WRITINGS RELATED TO COMMERCIAL, POLITICAL, ECONOMIC, RELIGIOUS, SOCIAL, AND OTHER THINGS WHICH, WHILE NOT ILLEGAL, ARE CONSIDERED FREE SPEECH AND THUS MAY PRESENT YOU WITH THINGS WHICH YOU PERSONALLY DEEM OFFENSIVE OR OTHERWISE UNDESIRABLE OR OBJECTIONABLE. BY ACCESSING THE SITE, YOU AGREE AND WARRANT TO JUMPSTART SECURITIES THAT YOU WISH TO POTENTIALLY SEE AND/OR HEAR SUCH MATERIAL. AS A SELF PUBLISHING BBS YOU AGREE THAT JUMPSTART SECURITIES HAS NO RESPONSIBILITY NOR LIABILITY TO MODERATE OR REMOVE CONTENT WHICH YOU, OR ANY SELECT GROUP OF PEOPLE, FIND PERSONALLY OR COLLECTIVELY OFFENSIVE.
9. Deal Fees and Charges
The majority of things on Jumpstart Securities are free, such as viewing and investing in deals, posting student projects, writing blogs, creating and participating in groups, participating in forums, etc. The only thing Jumpstart Securities charges fees for are hosting deals, background checks and other due diligence on deals, success fees for funded deals, various transaction charges paid by deal posters, and other miscellaneous fees associated with someone posting a deal and raising capital. We also receive compensation from various partners and other third-parties for displaying advertisements, for revenue share on referrals linked to them from our site, and for various other things. In general we do not charge investors and other members any fees for their use of the Service, as the majority of fees are charged to and paid by businesses using the platform to raise capital.
10. Revenue Sharing
Jumpstart Securities may share deal and other revenue with select broker dealers and other persons when permissible by regulators. We do not, as a matter of regulatory requirements, share revenue with non-registered persons. Any such revenue sharing arrangements are negotiated on an individual basis between Jumpstart Securities and such entities, and are not uniform or equal amongst all parties.
11. Proprietary Rights of Jumpstart Securities
Jumpstart Securities owns and retains all proprietary rights in the Service and in the Content it publishes on its own behalf thereon, as well as all programming code, user-interface designs, database methodologies, and systems design. The Service also contains copyrighted material, trademarks, and other proprietary rights and property of Jumpstart Securities and our partners, vendors, and licensors. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, replicate, duplicate, or sell any such proprietary information. Furthermore, Jumpstart Securities maintains the right to send you periodic emails, at frequencies determined solely by Jumpstart Securities, which may include advertisements from Jumpstart Securities and from third parties. Jumpstart Securities may utilize unaffiliated third-party service providers to supply various products and services including, but not limited to, hosting services, internet connectivity, data processing, subscription billing, storage of account information, and for the transmission of emails, among other things.
12. Copyright Policy and DMCA Notice
All images, writings, and content published on the Service, or used in creating the Service, are protected by copyright. You are solely liable for what you publish on the Service. You warrant and represent that you will not post, distribute, duplicate, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Furthermore, by posting any Content, you hereby grant to Jumpstart Securities a non-exclusive, royalty-free, fully paid, perpetual, unrestricted, irrevocable worldwide license to use, reproduce, modify, publish, edit, adapt, create derivative works from, translate, distribute, perform, display and otherwise exploit such Content and all elements thereof alone or as part of other works in any form, media, or technology, whether now known or hereafter developed or discovered, in connection with the Service and Jumpstart Securities' (and its co-branded partners and successor's) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels, and to license and sub-license such rights through multiple tiers of sub-licenses, all without any notification or obligation to you, or extra compensation, attribution or otherwise, except for the accompanying publication of your profile username; this may include issuers using your comments posted on their deal or profile in media of their choice as an endorsement by you of their company, product or service. You also accept that people who view the things you have published can easily themselves make copies of that Content, even if they shouldn't, and so you hereby release Jumpstart Securities from any expectation or obligation to create, purchase, or deploy technology to prevent such unauthorized copying. And that various search engines, service providers and regulatory entities may access, spider, store on their own servers, index and display part or all of your Content.
Notice and Procedure for Making Claims of Copyright Infringement Pursuant to Title 17, United States Code, Section 512(c)(2), all notifications of claimed copyright infringement on the Service should be sent ONLY to our Designated Agent. NOTE: The following information is provided solely for notifying the service providers referenced below that your copyrighted material may have been infringed.
DO NOT SEND ANY INQUIRIES UNRELATED TO COPYRIGHT INFRINGEMENT (e.g., REQUESTS FOR TECHNICAL ASSISTANCE OR CUSTOMER SERVICE, REPORTS OR E-MAIL ABUSE, ETC.) TO THE CONTACT LISTED BELOW. YOU WILL NOT RECEIVE A RESPONSE IF SENT TO THAT CONTACT. WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE CONTENT IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
Written notification must be submitted to the following Designated Agent: Service Provider(s): Jumpstart Securities, LLC
Name of Agent Designated to Receive Notification of Claimed Infringement: General Counsel, 253 NW 14th Street, Suite B, Atlanta GA 30318. Telephone Number of Designated Agent: (770) 253-9000. E-mail Address of Designated Agent: Support@JumpstartSecurities. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at Support@JumpstartSecurities. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
E-mail Address of Designated Agent: Support@JumpstartSecurities.com. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Webmaster at admin@Jumpstartsecurities.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
Under Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
- An electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work (or works) that you claim has been infringed;
- A description of the material that you claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page of the website where it is lawfully posted; the name, edition and pages of a book from which an excerpt was copied, etc.);
- A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material; (5) Your name, address, telephone number, and e-mail address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
14. Links to Third-Party Web Sites
Jumpstart Securities is not responsible for any user Content published on the Service, or in connection with the Service, whether by you or by other members or users. Jumpstart Securities is not responsible for the conduct, whether online or offline, of any member or user of the Service. Jumpstart Securities assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Service, Content or any member or other user communications. The Service and/or any features thereof may at any time fail or be subject to computer hacking, copying or phishing (including your IP address), and Jumpstart Securities disclaims any responsibility for such events and makes no representations regarding the security nor the permanence of any data, including back-up's; you acknowledge this and provide any personal information on the site, even if intended to be private, entirely at your own risk. Jumpstart Securities is not responsible for any problems or technical malfunction of any telephone network or data lines, computer systems, networking equipment, computer servers and related equipment, software, failure of email, or traffic congestion on the Internet or at any web site or combination thereof, which causes or results in injury or damage to User or to any other person. Under no circumstances will Jumpstart Securities be responsible for any loss or damage, including but not limited to personal injury or death, resulting from your use of the Service, any Content posted on the Service or transmitted to or from User, any lack of online or offline security, or any interactions between User and others, whether online or offline. That Jumpstart Securities may, in its sole and absolute discretion, review deals, photos, video and/or other Content, and may even delete some Content from the system before or after it is published, does not in any way imply that JUMPSTART SECURITIES is expected or obligated to do so. THE SERVICE IS PROVIDED "AS-IS" AND JUMPSTART SECURITIES DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES, CONDITIONS OF MERCHANTABILITY, QUALITY, NON-INFRINGEMENT, AND/OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, JUMPSTART SECURITIES DOES NOT MAKE ANY WARRANTIES WITH RESPECT TO ITS SERVICES. FURTHERMORE, JUMPSTART SECURITIES IS NOT RESPONSIBLE FOR ANY CONTENT PROVIDED BY ANY THIRD PARTIES, NOR FOR ANY THIRD PARTY SITES THAT CAN BE LINKED TO FROM THE SERVICE.
FURTHERMORE, JUMPSTART SECURITIES DOES NOT WARRANT, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND, EVEN IF COMENSATED, WHETHER FOR A FIXED FEE OR VIA CPC, CPM, CPA OR OTHER BASIS, IN NO WAY SHALL JUMPSTART SECURITIES BE CONSIDERED A PARTY TO OR IN ANY WAY HAVE RESPONSIBILITY TO MONITOR OR WARRANTY ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.Special note regarding the various seals available to and displayed on profiles:
When a member has a seal it is NOT a formal endorsement or guaranty of any type by Jumpstart Securities, by any Jumpstart Securities member, or by any third party; it doesn't mean that we personally drove to their house or business, interviewed them, had a notary confirm them, ran background checks, and/or installed biometrics on their computer. So don't take it for more than it is. We don't retain records of seals, nor supporting data. This is simply another non-moderated feature of the Service. Jumpstart Securities assumes absolutely no liability for any problems that arise out of any reliance on the profile-seal feature of the Service.
16. Liability Limitations
IN NO EVENT SHALL JUMPSTART SECURITIES BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM ANY USE OF THE SERVICE, OR FROM THE PERFORMANCE OR NON-PERFORMANCE OF JUMPSTART SECURITIES AND/OR ITS USERS, AFFILIATES, AGENTS, OR AUTHORIZED REPRESENTATIVES UNDER ANY PROVISION OF THIS AGREEMENT, EVEN IF JUMPSTART SECURITIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR FOR ANY MISTAKES SUCH AS ALLOWING OR DISALLOWING ANY CONTENT. NOR FOR ANY ACTS OR OMISSIONS OF ANY THIRD PARTY EVEN IF SUCH PERSON OR BUSINESS WAS REFERRED BY JUMPSTART SECURITIES. NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS SECTION SHALL NOT LIMIT EITHER PARTY'S LIABILITY TO THE OTHER FOR WILLFUL AND MALICIOUS MISCONDUCT OR FULFILLMENT OF ANY INDEMNIFICATION OBLIGATIONS HEREUNDER. FURTHERMORE, IT IS HEREBY AGREED THAT JUMPSTART SECURITIES' SOLE LIABILITY TO USER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE MONETARY AMOUNT PAID, IF ANY, BY USER TO Jumpstart Securities FOR THE SERVICE DURING THE TERM OF USER'S USE. YOU ASSUME ALL RISKS IN YOUR USE OF THE SITE AND SERVICE, AND ALL FEATURES THEREOF (E.G. DEALS, GROUPS, FORUMS, EMAIL, PROFILES, BLOGS, ETC). THIS INCLUDES, WITHOUT LIMITATION, ANY PRIVACY, IDENTITY, COPYRIGHT, EMOTIONAL, ECONOMIC, AND/OR PHYSICAL DAMAGES THAT MAY YOU INCUR.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Jumpstart Securities, upon written notice from you, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable, to refund any monies actually paid by you to Jumpstart Securities (exclusive of any monies you invested in deals on the platform, as well as exclusive of any fees you paid on deals) for any specific services and/or products involved and to terminate and discontinue your registration and use of the Service. You further understand and acknowledge the capacity of the Service, in the aggregate and for each
user, is limited and some messages and transmissions may not be processed in a timely fashion or at all, and some services, features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Jumpstart Securities assumes no liability, responsibility or obligation to transmit, process, store, receive, deliver or secure transactions or Content or IP addresses, or for any failure or delay associated with any Content or other information and you are hereby expressly advised not to rely upon the timeliness or performance of the Service for anything.
17. Member Disputes
Jumpstart Securities does not moderate Content of users. You may find other users Content to be offensive, harmful, inaccurate, deceptive, libelous, slanderous, or fraudulent. Please use caution, common sense, and safety when using the Service. You are solely responsible for your interactions with other users. Because Jumpstart Securities is not involved in user interactions, if you have a dispute with one or more users who have posted, viewed, or used Content on the Service, you hereby release Jumpstart Securities, including its officers, directors, agents, subsidiaries, partners, service providers, and employees, from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
18. Term and Termination
This Agreement will remain in full force and effect while you use the Service. You may terminate your use at any time and for any reason. Jumpstart Securities may suspend your account(s) at any time and without reason, with no notice required. Even after this Agreement is terminated, certain provisions will remain in effect, including but not limited to sections 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25 of this Agreement.
19. Binding Arbitration, Applicable Law and Venue, Attorneys Fees.
This Agreement is governed by, and will be interpreted and enforced in accordance with the laws of the State of New York, without regard to principles of conflict of laws. Any claim or dispute arising under this Agreement may only be brought in arbitration, pursuant to the rules of the American Arbitration Association, with venue in the city of New York in the state of New York. Each of User and Jumpstart Securities consents to this method of dispute resolution, as well as jurisdiction, and consents to this being a convenient forum for any such claim or dispute and waives any right it may have to object to either the method or jurisdiction for such claim or dispute. In the event of any dispute among the parties, the prevailing party shall be entitled to recover damages plus reasonable attorneys fees, and the decision of the arbitrator shall be final, binding and enforceable in any court.
You agree to indemnify and hold Jumpstart Securities, its subsidiaries, directors, employees, service providers, advertisers, affiliates, officers, agents, and partners harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of any provision in this Agreement. This defense and indemnification obligation will survive termination of this Agreement and your use of the Service.
Jumpstart Securities reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Jumpstart Securities in the defense of any such claim, action, settlement or compromise negotiations, as requested by Jumpstart Securities.
This Agreement, along with any and all rights and licenses granted herein, may be transferred or assigned by Jumpstart Securities at any time, without notice or restriction.
22. Entire Agreement, Severability and Force Majeure
This Agreement, accepted upon use of the Service, contains the entire agreement between User and Jumpstart Securities regarding the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. Furthermore, no party shall be responsible for any failure to perform due to unforeseen circumstances.
Jumpstart Securities has the right, at its sole discretion, and without necessity of notice, to modify either this Agreement and/or the Service at any time. Changes to this Agreement will be posted on www.JumpstartSecurities.com as described above in the opening paragraph of this Agreement so that you may review it. If any portion of this Agreement or any change to the Service is unacceptable to you then you should immediately discontinue your use of the Service; continued use of the Service means that you have accepted and are bound by this Agreement and any changes made hereto.
Any notices to Jumpstart Securities are to be sent to 3455 Peachtree Road NE, 5th Floor, Atlanta, GA 30326. Any notices to User will be sent to the email address provided to us in your account on the Service.
Please contact us with any questions regarding this agreement by email email@example.com.