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.