Terms and Conditions of StartupPOP Use

By using this website you agree to be bound by these Terms and Conditions of Use (“Terms and Conditions”) just as if you had signed the agreement. Please bear in mind that StrategicPoints, LLC reserves the right to revise these Terms and Conditions at any time, and by using this website, you agree to be bound by any such revisions when they become effective whether or not you have reviewed them. If you do not agree to these Terms and Conditions of Use, you should not use this website.

1. StartupPOP.
Among the Services offered by StrategicPoints, LLC are the software systems, StartupPOP. The StartupPOP services are web-based business planning, analysis, and funding systems associated with business planning and funding (the “Service”). The Service does not consider any securities information in the analysis it performs, nor does it render advice regarding securities; StartupPOP is provided solely for informational purposes and therefore are not an offer to buy or sell a security, and are not warranted to be accurate, complete, or timely. StartupPOP services are available on the StartupPOP website www.StartupPOP.com. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to connect to the World Wide Web, including a computer and modem or other access device.

2. Copyright, Ownership & Intellectual Property.
To the maximum extent allowed by law, StrategicPoints, LLC, is the owner of all copyrights in and to the content on the website, including without limitation, (i) all materials and documentation pertaining to the Service; (ii) all text, data, graphics, graphs, charts, photographs, videos, typefaces, music, sounds, HTML code, and interfaces contained on the website; and (iii) the design, selection and arrangement of the website. By submitting anything whatsoever, including any text, data, graphics, graphs, charts, photographs, videos, typefaces, music, or sounds (for the purposes of this paragraph, “Content”) to StrategicPoints, LLC, you acknowledge a granting of the maximum breadth of intellectual property rights under law, excluding exclusive-use and ownership, in and to StrategicPoints, LLC, irrevocably and in perpetuity. By submitting Content to StrategicPoints, LLC, you: (i) warrant that you have the right to distribute or post that Content; (ii) indemnify us against loss should someone contest your right to distribute or post that Content, whether successful or not; and (iii) are on notice that we retain information for various reasons consistent with our Privacy Policy and further endow us with those rights irrevocably and in perpetuity. All use of Services must comply with applicable local, state, and federal laws, which are also incorporated by reference. These terms and conditions apply to all users of Services owned by StrategicPoints, LLC. All rights are reserved.

3. Permitted Uses.
Unless otherwise specified, you are granted a non-exclusive, non-transferable, limited right to access, use and display this website and the materials provided hereon for your personal and commercial use. When content is downloaded to your computer, you do not obtain any ownership interest in such content, any modifications of the content, or any use of the content for any other purpose. Ownership of all such content shall at all times remain with StrategicPoints, LLC or its licensors. StrategicPoints, LLC reserves all rights not expressly granted to you. Permission to use our copyrightable material for purposes not otherwise permitted herein shall be granted on a case-by-case basis. StrategicPoints, LLC welcomes requests. Please direct your inquiries to [email protected].

4. Intended Use.
This website is intended for use: (1) by businesses seeking business planning and capital; (2) by prospective investors seeking investments in such businesses; (3) by business supporters seeking to support businesses; (4) by businesses seeking to advertise; (5) by businesses seeking to use our business-solutions-software; (6) as a general listing of entrepreneurs, investors, and companies; and (7) as a data aggregator. Businesses can provide information to be computationally organized and presented for review by potential investors and business supporters, but having a listing on the site does not necessarily imply that the business is seeking funding. Aggregate population statistics are composed by accounting for all parties subject to the enumerated intended uses. StartupPOP and its affiliates are not placement agents for any securities. Neither StartupPOP, nor its affiliates make any representation or warranty regarding, or shall have any responsibility for the legality of such investment under the securities laws of the United States or any other jurisdiction. All information provided in this website or any other website hyperlinked to this website is strictly for informational purposes only. Nothing contained herein shall constitute an offer to sell to or solicitation of an offer to purchase from any investor in any jurisdiction. Nothing contained herein is intended to aid in or form the sole basis of any investment decision. Each investor is expected to perform his/her own full due diligence and ask questions, receive answers, and obtain additional information and conduct their own due diligence review concerning a particular investment. Any investment undertaken must comply with all legal requirements in each jurisdiction in which it purchases, offers, or sells securities.

5. Prohibited Uses.
StartupPOP may be used only for lawful purposes. StrategicPoints, LLC specifically prohibits any use of the website for the following purposes, and users of the website agree not to use the site for any of the following purposes:

Modify, publish, transmit, distribute, display, perform, participate in the transfer or sale of, create derivative works based on, or in any way exploit, any of the copyrighted material contained on this website, in whole or in part, without our prior written consent (except as expressly provided herein); or
Use of the website by companies outside of the United States of America is prohibited. You are personally responsible for adhering to your country’s federal, state, and local laws.

Sublease, lease, sell, assign, transfer, distribute, rent, permit concurrent use of, or grant other rights in the Service and any material and documentation provided on the website to any third party; or
Provide use of the Service in a computer service business, network, time sharing, interactive cable television, multiple CPU or multiple or concurrent user arrangement to users who are not individually licensed by StrategicPoints, LLC or otherwise exploit for any commercial purposes any portion of, the use of or access to the Service or the materials or documentation provided on the website.

Using any information obtained from the site, including investor contact information, for any reasons other than those defined in the Intended Use section of this Terms of Service.

Contacting investors for any reason, or storing, selling, attempting to sell, or organizing marketing endeavors toward investors other than communicating about the investment in the company originally contemplated by the investor.

Contacting investors, businesses, or business supporters for the purpose of marketing off-site account generation for any similar or competing service.

Any use of StartupPOP in any manner contemplated under the Prohibited Uses section of this site will result in a forfeiture of the Business or Business Supporter account, and a non-refundable forfeiture of all fees associated with the account, and may result in an action for recovery of loss of intellectual property.

6. Trademarks.
Trademarks by StrategicPoints, LLC may be used for the sole purpose of identifying the Services you wish to use. All other uses of the marks are strictly prohibited without the express written permission of StrategicPoints, LLC. Permission to use these marks will be granted on a case-by-case basis. StrategicPoints, LLC welcomes requests. Please direct your inquiries to [email protected]. All other trademarks, service marks, and trade names are the property of their respective owners.

7. Modifications.
StrategicPoints, LLC reserves the right at any time and from time to time, in its sole discretion, to modify or discontinue, temporarily or permanently, the Service (or any part thereof, including the transmission of any related materials or documentation) with or without notice. StrategicPoints, LLC further reserves the right at any time and from time to time, in its sole discretion, to change or terminate without notice any content or features contained on the website. You agree that StrategicPoints, LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service, content, or features provided on the website.

8. System Limitations and Failures.
StrategicPoints, LLC uses internally developed systems for its Service(s). These systems may encounter technical limitations or other limitations, and computer and communications hardware systems might experience interruptions. Further, StrategicPoints, LLC continually enhances and improves these systems in order to accommodate the level of use of StartupPOP. Furthermore, StrategicPoints, LLC may add additional features and functionality to its Services that might result in the need to develop or license additional technologies. Increased utilization of the StartupPOP Service or increased transaction volume through its processing systems or providing new features or functionality may cause unanticipated system disruptions, slower response times, degradation in levels of customer service, and delays in reporting accurate financial information.

9. Accuracy of Information.
If you choose to register for the Service, you agree to provide true, accurate, current and complete information and to maintain and update this information to keep it true, accurate, current and complete during the use of the Service. If you provide any information that is untrue, inaccurate, not current or incomplete, or StrategicPoints, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, StrategicPoints, LLC has the right to suspend or terminate your account and to refuse any and all current or future use of the Service and/or the website (or any portion thereof). StrategicPoints, LLC shall use and protect your Proprietary Data in accordance with the terms of our Privacy Policy (which is incorporated into these Terms and Conditions of Use by reference).

10. Confidentiality of Information.
Personal and business information is private and confidential in StartupPOP. Businesses are responsible for maintaining the confidentiality of the information they provide and investors and business supporters are responsible for maintaining the confidentiality of the information they receive from businesses. Investors and business supporters are prohibited from disclosing, distributing, or otherwise sharing with third parties confidential information received from businesses. Businesses are fully responsible for all activities that occur under the password or account designation they are using. Businesses agree (a) to immediately notify StrategicPoints, LLC of any unauthorized use of password or account designation or any other breach of security, and (b) to ensure prompt exit from the account at the end of each session. StrategicPoints, LLC shall not be liable for any loss or damage arising from failure to comply with these Terms and Conditions.
Account Lockout. To reduce risk of unauthorized access, StartupPOP accounts are locked after five (5) consecutive incorrect login attempts, for a lockout period of sixty (60) minutes. When the lockout period expires, the account is automatically unlocked.

11. Registration.
StrategicPoints, LLC offers its Services and Services so offered may require payment and/or user fees. The registration and or usage fees posted on the website are subject to change without notice. The receipt of an e-mail confirmation does not constitute the acceptance of a registration application. StrategicPoints, LLC reserves the right, without prior notification, to refuse registration to any user. StrategicPoints, LLC may require verification of information prior to its acceptance of any application for registration, including credit card information. Registration may be cancelled by sending a message to [email protected].
Secure Online Transactions. We make every effort to ensure that all transactions on our website are secure. For more information on how we protect the security and quality of your proprietary information, please see our Privacy Policy. StartupPOP uses a a secure sockets layer consisting of a public key and a private key. The public key is used to encrypt information and the private key is used to decipher it. When a browser points to a secured domain, a secure sockets layer handshake authenticates the server and the client and establishes an encryption method and a unique session key. Transactions can then begin with a secure session that guarantees message privacy and message integrity. If you discover any fraudulent activity on your credit card, please contact your credit card company immediately.

12. Profile Pending Approval.
StartupPOP reserves the right to not approve profiles that do not meet quality assurance standards and/or that do not comply with StartupPOP policies. StartupPOP’s staff is notified of new profiles and profile updates and reserves the right to not approve profiles. To learn how to get your profile approved, please contact StartupPOP at [email protected] or call 786-201-5123.

13. Subscription Payment and Pricing.
Pricing for the Services is based upon the subscription level you choose to purchase as indicated on the subscription page through which you subscribe to use the Service (either monthly, quarterly, semi-annually, or annual). In consideration for the Services to be provided by StartupPOP, you agree to pay the subscription fees set forth. Paid subscription fees (monthly, quarterly, semi-annually, or annual) are non-refundable. Payments will be billed monthly, quarterly, semi-annually, or annually and will be due immediately upon the subscription renewal date. If you pay for the Services with a credit card, you hereby authorize StartupPOP to charge such credit card for Fees on a regular basis until such time as your account is terminated. If you are paying for the Services by credit card and such credit card is declined, StartupPOP will send you a notice thereof to your email address on record, and your access to the Services will be disabled until payment therefor is received. If you have questions, you can contact StartupPOP at [email protected].

14. Cancellation and Refund Policy.
You may cancel your subscription at any time by logging in to your account, visiting your My Account tab, and clicking Cancel Subscription. An email copy of the cancellation will be forwarded to your email address on record upon cancellation. Cancellations may not be processed over the phone, through email, or by anyone except the account holder. Amounts paid (monthly, quarterly, semi-annually, or annually) are not refundable. Subscriptions to our service are pre-paid. As such, any cancellations that occur in the middle of a payment term (monthly, quarterly, semi-annually, or annually depending on payment schedule) will be made effective on the final day of such term. If you have questions, you can contact StartupPOP at [email protected].
External Sites. The website may include links to other web sites that are owned or operated by third parties (“External Sites”). StrategicPoints, LLC does not have any control over or responsibility for the content, terms of use, practices, or policies of such External Sites, and does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such External Sites. You further acknowledge and agree that StrategicPoints, LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, products, services, or other materials available on or through any External Sites. You should contact the site administrators and/or webmasters for such External Sites if you have any questions or concerns about their sites.

15. Public Profile Information.
StartupPOP may share your public profile information with partnering third parties for the purpose of providing more exposure for your company. Such third parties’ use of your information will be bound by this Terms of Use Policy. You may, of course, decline to publish your profile publicly, in which case your public profile information will not be shared with partnering third parties. You may update your account information and profile preferences at any time by logging in to your account.

16. Website Security Rules.
Users are prohibited from violating or attempting to violate the security of the website, including, without limitation: (a) accessing data not intended for such user or logging into an account which such user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or attempting to interfere with service to any user, host, or network. Violations of system or network security may result in civil or criminal liability. StrategicPoints, LLC will vigorously pursue all potential violations of these security rules and will cooperate with law enforcement in prosecuting users who are found to have violated these security rules.

17. Online Commerce Security.
Online commerce and communications rely on the secure transmission of confidential information over public networks. The StrategicPoints, LLC may rely on encryption and authentication technology licensed from third parties to provide the security and authentication technology to effect secure transmission of confidential information. There can be no assurance that advances in computer capabilities, new discoveries in the field of cryptography, or other events or developments will not result in a compromise or breach of the technology used by the StrategicPoints, LLC to protect customer transaction data. . There can be no assurance that the StrategicPoints, LLC’s best of practice security measures will prevent security breaches.

18. Incident Reporting.
Users agree to immediately report to StrategicPoints, LLC, all incidents involving suspected or actual unauthorized access, disclosure, alteration, loss, damage, or destruction of data.

19. Monitoring.
All electronic communications and content presented to and/or passed on StartupPOP, including that presented to and/or passed to and from remote access connections, may be monitored, examined, saved, read, transcribed, stored, or retransmitted in the course of daily operations by any duly authorized employee or agent of StartupPOP in the exercise of their duties, or by law enforcement authorities who are called upon to assist StartupPOP in investigating possible wrongdoing. Electronic communications and content may be examined by automated means. Further, StartupPOP reserves the right to reject from the network any electronic communications or content deemed not to be in compliance with StartupPOP corporate policies and procedures.

20. Suspension; Termination.
If it is determined that any user of the Services has violated any element of these Terms and Conditions, StrategicPoints, LLC shall have the right, in its sole discretion, to suspend or terminate such user’s password, user account (or any part thereof) and access to the Service and the website. Users agree that any suspension or termination of access to the Service and the website, and any deletion of user account information, may be effected without prior notice. Users of the Services further agree that, upon termination, such users shall immediately destroy any copies made of any portion of the content contained on the website. Finally, user agrees that StrategicPoints, LLC shall not be liable to user or any third party for any suspension or termination of access to the Service and the website, or for any deletion of account information. All provisions relating to disclaimer of warranties, limitation of liability and remedies and damages contained in these Terms and Conditions shall survive termination.

21. Users Responsibility to Comply With Securities Laws.
All users acknowledge that some or all of the features of the Service may constitute “general solicitation” or “general advertising” as defined by the U.S. Securities and Exchange Commission (the “SEC”) and that StrategicPoints, LLC shall have no obligation to alert users as to whether any feature, or use thereof, shall constitute “general solicitation” or “general advertising” and that identification of, and compliance with, any such features or uses of the Service shall be solely and exclusively the responsibility of users. It shall be the sole and exclusive responsibility of every user to comply with all federal, state and local laws in conducting activities on or through the Service including, without limitation, the filing of all necessary forms and materials with the SEC or other regulatory bodies, the verification of accredited investors, and the inclusion of requisite information, disclaimers and legends on communications with investors and other materials, if applicable. All users acknowledge and agree that StrategicPoints, LLC is not a provider of legal, accounting, investment or tax advice. All information provided in the Service pertaining to the securities laws is for informational purposes only and is not to be relied upon by users as legal advice. All users represent and warrant that they have consulted with, and will continue to consult with, legal counsel prior to and during use of the Service or any features thereof.

22. Disclaimer.
All warranties and representations of any kind, express or implied, with respect to the Service or StartupPOP content contained therein are hereby disclaimed, including, but not limited to, (a) warranties as to merchantability or use for a particular purpose (including investment decisions), whether or not StartupPOP knows or has reason to know or has been advised of any such purpose, (b) warranties as to any results to be obtained from any use of the Service or StartupPOP content or information derived from the Service or StartupPOP content (c) any representation or warranty that the Service are in any way guidance for any enterprise in general to determine the suitability or desirability of business planning options or considerations. To the extent that any implied warranties cannot be disclaimed under applicable law, any such implied warranties are limited in duration to thirty (30) days from the delivery date. StartupPOP content, including the Services, shall not be construed as investment advice by StartupPOP, an opinion regarding the appropriateness or suitability of any investment by StartupPOP, or a recommendation or an offer or solicitation by StartupPOP for the purchase or sale of any security or securities in general, nor otherwise an endorsement, inducement, or solicitation of any type. StartupPOP shall have no liability for investment decisions based upon, or the results obtained, from StartupPOP content, including the Services. StartupPOP content is intended for general information purposes only and should not be relied or acted on without obtaining business and/or legal advice. Services are calculated on the basis of historical observations and should not be relied on to predict future trends. StartupPOP shall have no liability for any losses (whether direct or indirect, in contract, tort, or otherwise) incurred in connection with the Services or results or StartupPOP content, including but not limited to lost revenue or profit, or any other commercial or economic loss, or for any decision made or action taken by any third party in reliance upon the Service or StartupPOP content, or (d) any representation or warranty of any kind that the Service, or features thereof, shall conform to the requirements of, or shall satisfy any obligations under, any federal, state or local law or regulation, including, without limitation, the securities laws.

23. Limitation of Liability.
In no event shall StrategicPoints, LLC have any liability for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages (whether in contract, tort, or otherwise) incurred in connection with the Service or StartupPOP content, including but not limited to lost revenues or profits, lost or damaged data, damage to or interruption of any local area networks, introduction of viruses, worms or other destructive programs or any other commercial or economic losses, any decision made or action taken by any party in reliance on the Service (or its results or the StartupPOP content) any delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Service, or any inaccuracies, errors or omissions in connection with the Service and any StartupPOP content. The maximum aggregate liability of StrategicPoints, LLC and its agents, representatives and employees in connection with the Service and StartupPOP content, whether in tort, contract or otherwise, shall not exceed the amount of the registration and user fees paid for the use of the Service.

24. Indemnity.
Users of the Services agree to defend, indemnify, and hold StrategicPoints, LLC, its officers, directors, employees, agents, licensees and licensors harmless from and against any claims, actions or demands, liabilities, and settlements including without limitation, all reasonable legal and accounting fees, resulting from, or alleged to result from violation of these Terms and Conditions.

25. Foreign Jurisdictions.
StrategicPoints, LLC makes no representation that the content contained on the website is appropriate or to be outside of the United States. Access to the content may not be legal in certain countries and by certain people in those countries. If you access the website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

26. Governing Law; Arbitration.
These Terms and Conditions shall be governed by the laws of the State of Florida, without regard for such State’s principles regarding conflicts of laws, and excluding that body of law applicable to choice of law. Any dispute or controversy arising hereunder shall be settled exclusively by arbitration to be held in the City of Boca Raton Florida before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect. Judgment may be entered on the arbitrators’ award in any court having jurisdiction, and the parties irrevocably consent to the jurisdiction of the courts located in Florida for that purpose. The arbitrator may grant injunctive or other relief. The decision of the arbitrator shall be final and binding on the parties.

27. Severability.
The invalidity or unenforceability of any particular provision of these Terms and Conditions shall not affect any other provision hereof, and these Terms and Conditions shall be construed in all respects as if such invalid or unenforceable provision were omitted. If it is determined that any provision of these Terms and Conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforceable as so limited.
Self-Reported Metrics. StartupPOP’s entrepreneurs are responsible for self-reporting their funding figures and other information. Should, through your due-diligence, any question of veracity of authenticity of their claims arise, please contact us immediately so that we can take the appropriate steps.

28. General.
These Terms and Conditions constitute the entire agreement between you and StrategicPoints, LLC and govern use of the Service and the website, superseding any prior agreements between users of the Services and StrategicPoints, LLC, whether oral or in writing. Use of the website is also subject to the Privacy Policy and the Trademark Notices Policy. The failure of StrategicPoints, LLC to exercise in any respect any right provided for herein shall not be deemed a waiver of such right or any further right hereunder. StrategicPoints, LLC shall have the right to collect any expenses incurred including attorneys’ fees in enforcing its rights under these Terms and Conditions.

By using this website and the associated tools, you acknowledge that all metrics are objective, computer-generated, are in no way subjective, and are not tailored to your specific investment or risk criteria, use, or need. You further agree to indemnify and hold-harmless StrategicPoints, LLC and all partners and affiliates from any loss or harm by using the any metrics derived from, or by StartupPOP and from trading decisions, damages, or other losses resulting from, or related to, this information, data, analyses or their use. Investment decisions should not be made in reliance of these metrics. All numbers are self-reported by the companies, and do not undergo verification. Investors are responsible for their own due-diligence. Neither StrategicPoints, LLC, StartupPOP, nor any other StartupPOP tool analyzes or creates reports on Securities. Securities information is not evaluated by StartupPOP, StartupPOP, nor any other StartupPOP tool at any point, for any reason.

By using StartupPOP’s services, you acknowledge that StartupPOP acts only as an Introduction Site. You agree to indemnify and hold-harmless StartupPOP and any and all of their partners and affiliates from loss from Investing.