Privacy Policy and Terms of Use Agreement

1. Agreement. We, Davis, Brown, Koehn, Shors & Robert, PC ("Davis Brown"), run a service called TheStartupLaunchpad.com. The following terms and conditions govern all use of the TheStartupLaunchpad website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Davis Brown. The Website is offered subject to Your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, the Privacy Policy and Disclaimer included herein and procedures that may be published from time to time on this Site by Davis Brown (collectively, the "Agreement").

 

By accessing, viewing, and using this Website, "You" (or "Your") agree to be bound by all the terms and conditions of this Agreement and You indicate that You understand and intend these Terms of Use, Privacy Policy and Legal Disclaimer to be the legal equivalent of a signed, written contract and equally binding. You do hereby enter into the Agreement with Davis Brown of Your own free will, are of competent age and mental state, and are otherwise fully capable and qualified to be bound. This is the same as a signed, written contract. These Terms of Use, Privacy Policy and Legal Disclaimer are subject, without notice, to change and modification from time to time. Your agreement to be bound shall extend to the Terms of Use as they now exist or as they are modified and/or changed.

 

IF YOU DO NOT AGREE TO BE BOUND THEN YOU ARE REQUIRED TO CEASE ALL USE OF THE WEBSITE AND ITS CONTENT.

 

2. Website License. Davis Brown grants to You, and You do hereby accept, a limited, nontransferable, revocable license to access and make personal use of this Website and not to download (other than for page caching), modify, alter, adjust, change, or amend the Website in any way. This license does not include:
• the right to resale or commercially use this Website or its contents; or the right to make any collection and use of any content, postings, or viewable materials, listings, or descriptions;
• the right to make any derivative use of this site or its contents;
• the right to any downloading or copying of information for the benefit of another merchant;
• the right to use data mining, robots, spider, offline readers, or similar data gathering and extraction tools;
• the right to transmit or make available any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
• the right to reproduce, duplicate, copy, sell, resell, sublicense, or otherwise exploit the site or any portion of this site for any commercial purpose except as set forth herein;
• the right to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Davis Brown; or
• the right to use any meta tags or any other "hidden text" utilizing Davis Brown's name or trademarks; • the right to use the website for unauthorized or unsolicited junk, bulk email, or spamming;
• the right to impersonate any person or entity, falsely state or otherwise misrepresent Your affiliation with any person or entity in connection with the Website;
• the right to imply that Davis Brown accepts or endorses any statement that You make;
• the right to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purpose any portion of the Website;
• the right to use the Website for any unlawful purpose;
• the right to interfere or disrupt the operation of the Website or the servers or networks used to make the Website available; or
• the right to reverse engineer or otherwise decipher, decompile or derive any source code or underlying algorithms or ideas of any part of the website.

Engaging in any unauthorized use terminates the permission or license granted herein.

 

3. Copyrights. All content compilation of content, and software included or used on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, is the property of Davis Brown or its content suppliers and are protected by United States and international copyright laws. You hereby agree not to make any use of any of the copyrighted material or content appearing on this site, without the express written permission of Davis Brown.

4. Trademarks. Davis Brown's trademarks, identified on this site with a TM or ®, are the exclusive property of Davis Brown. All other trademarks not owned by Davis Brown that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Davis Brown. You hereby agree not to make any use of any of the trademarks appearing on this site, without the express written permission of Davis Brown.

 

5. No Representation. Unless You are working with an attorney at Davis Brown, have been added to the Website as a client and have agreed to the terms of the separate Engagement Agreement, You will not have access to the online forms, information, documents and proprietary materials, and the content of the Website may be used for informational purposes only. The information on the Website for non-clients is not legal advice, advertising, or solicitation. Legal advice is only to be given after an attorney-client relationship has been established. Transmission of and Your accessing materials on the Website if You are not a client does not constitute legal advice, does not establish an attorney-client relationship, and does not create any duty of Davis Brown to You.

An attorney-client relationship with any of Davis Brown's attorneys represents an attorney-client relationship with Davis Brown and all of its attorneys.

Such a relationship is not to be established without first completing an internal review for conflicts of interest that might preclude such a relationship. Until an attorney-client relationship is established, information communicated to the firm should be limited to the accurate identification of the potential client and all related and opposing parties pertinent to the subject matter. To ensure compliance with requirements imposed by the IRS in Circular 230, we inform you that, unless we expressly state otherwise in this communication (including any attachments), any tax advice contained in this communication is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing, or recommending to another party any transaction or other matter addressed herein.

Communications to anyone in the firm of information about Yourself, Your business, or Your personal affairs will not be protected under the attorney-client privilege unless and until an attorney-client relationship has been established.

In any event, use of the Internet or e-mail to communicate unencrypted information is not recommended if there is anything confidential about the information. Caution should also be exercised in communicating confidential information by cell phone. Unauthorized personnel may intercept unencrypted and cell phone communications. Within Davis Brown, we make a good faith effort to restrict access to non-public personal information to those employees who need to know the information in order to provide services.

6. Maintenance and Functionality of the Website. Davis Brown does not guarantee that the Website will be secure or that any use of the Website will be uninterrupted.

 

7. Disclaimer of Warranties and Waivers. THIS WEBSITE IS PROVIDED "AS IS" AND DAVIS BROWN MAKES NO WARRANTY OR EXPRESS REPRESENTATION OF ANY KIND WITH REGARD TO THE PRODUCTS, CONTENT, SOFTWARE, INFORMATION, OR SERVICES PROVIDED HEREIN, ALL SUCH EXPRESS OR IMPLIED WARRANTIES ARE EXPRESSLY WAIVED TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE AND WARRANTIES OF MERCHANTABILITY. DAVIS BROWN DOES NOT WARRANT THAT THE SITE IS FREE FROM COMPUTER VIRUSES OR OTHER HARMFUL ELECTRONIC OBJECTS AND COMPONENTS, THAT YOU WILL BE ABLE TO ACCESS THE WEBSITE, AND THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION WITH THE WEBSITE. DAVIS BROWN SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGES OF ANY KIND ARISING OUT OF THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES. AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE WEBSITE. YOU UNDERSTAND THAT WHEN USING THE WEBSITE, YOU WILL BE EXPOSED TO MATERIAL THAT MAY BE OR IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE TO YOU.

8. Indemnification.
You agree to defend, indemnify and hold Davis Brown harmless from any claim, demand, loss, costs and expense, including reasonable attorneys' fees, arising out of Your use of or activities in connection with the Website or any violation of this Agreement by You.

 

9. Applicable Law. By visiting this site, You agree that any disputes concerning or involving these Conditions of Use, or the use of this site, shall be governed in accordance with the laws of the State of Iowa. You hereby consent to the personal jurisdiction of the courts of the State of Iowa for resolution of all disputes concerning or involving this Agreement, or Your use of this Website.

10. Amendment. Davis Brown reserves the right to amend this Agreement at any time, by posting on this Website said amended Agreement. Your use and continued use of this Website is deemed an agreement to be bound by any such Amendments.

11. Transferability. Your agree that Your rights and obligations under this Agreement may not be transferred, assigned, licensed, or otherwise alienated without the express written permission of Davis Brown, wherein said permission may be denied for any reason.

 

12. Links and Third Party Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which TheStartupLaunchpad.com links, and that link to TheStartupLaunchpad.com. Davis Brown does not have any control over those websites and webpages, and is not responsible for their contents or their use. By linking to a website or webpage, Davis Brown does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect Yourself and Your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

13. Privacy Policy. You agree to be bound by the Privacy Policy found below. Your submission of information through the Website is governed by the Privacy Policy and You agree that all information You provide Davis Brown is true, accurate and complete. If You choose to make any of Your personally identifiable or other information publicly available on the Website, You do so at Your own risk.

14. Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set from in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as the Website is not intended for children under 13. If You are under 13 years of age, please do not use the Website.

 

15. Termination. This Agreement is effective until terminated. At any time and for any reason, Davis Brown may terminate Your access to or use of the Website, Your username and password or any information associated with Your username and password.

16. General Representation and Warranty. You represent and warrant that (i) Your use of the Website will be in strict accordance with the Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in Iowa regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which You reside),

 

17. Miscellaneous. This Agreement constitutes the entire agreement between Davis Brown and You concerning the subject matter hereof, and there may only be modified by a written amendment signed by an authorized executive of Davis Brown, or by the posting by Davis Brown of a revised version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign Your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Davis Brown may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

 

PRIVACY POLICY
Davis Brown does not sell or rent Your information to any third party.

By providing any personal information to us on this web-site, however, You do consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. This Privacy Policy sets forth the firm's commitment with respect the handling of Your personally identifiable information.

 

Information Davis Brown Collects Automatically.

If You browse through the web-site or download information, our servers will automatically collect certain information. This information includes the: (a) name of the domain and host from which You access the Internet; (b) browser software You use and Your operating system; and (c) Internet address of the web-site from which You linked directly to this web-site. We will use information that we automatically collect to manage and improve our web-site to make it as useful as possible for guests like You. None of the information we automatically collect is tied to other personal information You may provide to us in accordance with this IMPORTANT NOTICE.

Information You Choose to Provide to Us.
The firm only gathers and retains personal information that You voluntarily submitted. For example, if You choose to complete and submit one of the forms located on our web-site to register for conferences or register to receive information, we will retain the information You submit to process and respond to Your inquiry or request. After that response, the information You submitted will be retained for our records. We will not disclose the identifying information You provide to us without Your consent, except (a) as required by law, (b) to our independent contractors who host and maintain our web-site and e-mail services, and (c) to service providers or suppliers if the disclosure will enable that party to perform business, professional, or technical support for the firm. If we change the manner in which we use or retain personal information You provide to us, we will update this Privacy Policy.

Opting Out of Receiving General Communications.
Unless You opt out of receiving such materials, Davis Brown may send You information by e-mail or postal mail to the address(es) You submit to us through our web-site or otherwise. Such information may include newsletters, notifications of changes in the law, or other information that may interest You.

How to Contact Us.
If You have questions about how Davis Brown uses the personal information You submit on this Website or about this Privacy Policy, please contact us.

Changes to this Privacy Policy.
Davis Brown may modify, alter, or update this Privacy Policy at any time, so we encourage You to review this policy regularly. We will not provide individual notice to You of changes to this Privacy Policy, but the date of the most recent revision will be stated in the policy.