Terms of Use for BOSS Startup Science LLC

 

BY USING THIS AND OTHER BSS WEBSITES (the “Site(s)”), PARTICIPATING IN ANY BOSS Startup Science, LLC (“BSS”) COURSES, OR ACCESSING ANY ONLINE RESOURCES FROM BSS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND THE PRIVACY POLICY (COLLECTIVELY, “TERMS”), AND YOU AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS. If you do not agree to be bound by the Terms, please promptly exit the Site and cease use of any BSS Courses, Content or other BSS or other online materials accessed through the Sites (the “BSS Material”). BSS RESERVES THE RIGHT TO MODIFY THESE TERMS AT ANY TIME AND WILL PUBLISH NOTICE OF ANY SUCH MODIFICATION ONLINE AT THE SITES OR ELSEWHERE ONLINE. BY CONTINUING TO ACCESS A SITE AFTER NOTICE OF SUCH MODIFICATIONS, YOU ACKNOWLEDGE YOUR AGREEMENT TO BE BOUND BY THE MODIFICATIONS. Accordingly, you should read these Terms of Use from time to time for any changes.

 

The Site is operated by BSS. As used in these Terms of Use, the terms “we,” “us” and “our” refer to BSS.

 

  1. User Age and Eligibility. Participation in the Site and Courses is restricted to those individuals who have registered individually or through an accelerator or other customer of BSS, who are 18 years of age and over, or those who possess parental or legal guardian consent, and who are fully able and competent to enter into these terms, conditions, obligations, affirmations, representations and warranties herein. By accessing the Site you affirm that you are at least 13 years old and meet the eligibility requirements. This Site is not intended for children under 13. If you are under 13 years of age, do not use the Site. By participating in any Courses or activities or by accessing BSS Materials or a Site, you affirm that you are not identified on any US trade sanctions list, including the US Department of the Treasury’s Specially Designated Nationals List (SDN List), the US Department of Commerce’s Entity List and Denied Persons List, or the US Department of State’s Nonproliferation List (“Sanctioned Entity”). Access or use of certain Courses or activities or BSS Materials may require compliance with additional eligibility requirements as specified in the specific course description. If you are not eligible for registration and participation or do not agree to the Terms, you may not use the Site or access certain   Courses or activities or BSS Materials.

  2. Copyright and other protection. The Site and the video material, audio material, text, images, graphics, courses and other content and BSS Materials available on the Sites (collectively, the “Content”) are protected by copyright, trademark and other laws. The Content consists in part of and may be delivered through one or a series of videos of BSS courses, software, workshops, zoom sessions, or mentorships (the “Course(s)”). We or others own the copyright and other rights in the Site and the Content. You may use the Site and the Content only in the manner and for the purposes specified in these Terms of Use.

  3. Use of the Site and Content—permissions and restrictions. You may only make noncommercial uses of the Sites and the Content. You may access the Courses and BSS Material only for your own personal use. In addition, you may download any Course Videos for which a downloading option is offered on the Site. Unless otherwise indicated, the Site and all its content, such as text, images, and the HTML used to generate the pages ("Material") are the property of BSS and are protected by patent, trademark and/or copyright under US or foreign laws. In consideration for your agreement to the terms and conditions contained here, BSS grants you a personal, non-exclusive, non-transferable license to access and use the Site and the Content. You may download Content from the Site only for your own personal, non-commercial use. No user may otherwise copy, reproduce, duplicate, retransmit, distribute, publish, scrape, download in bulk, sell, resell, commercially exploit or otherwise transfer any Content or modify or create derivative works of the Content. The burden of determining that use of any information, software or any other content on the Site is permissible rests with you. Some content on the Site is provided by third parties, and the use of that content is subject to rules and restrictions as indicated on the Site. You agree to be bound by all such rules and restrictions. The permission above does not include permission to copy the design elements, look and feel, or layout of the Site. Those elements are also protected by copyright law, and may not be copied or imitated in any manner.

  4. Except as specifically permitted in the preceding sentence, you may not retransmit, publish, distribute, display or otherwise make available any of the Courses or other Content to others. In no event may you alter or modify the Courses or any other Content, including, without limitation, by adding any advertisement or other material or by interfering with the viewing of any Content. You agree to retain all copyright and other notices on any Content you obtain from the Site. None of the foregoing restrictions will apply to your own User Content (as defined below).

  5. Fair use and other lawful uses. Nothing in Section 3 above is intended to restrict you from making uses of Courses that, in the absence of permission granted under these Terms of Use, would not infringe or violate BSS’s or anyone else’s copyright, trademark, or other rights.

  6. Reserved rights; no violation of law or others’ rights. All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.

  7. User accounts; account termination policy. In order to fully participate in all Site activities, you must register and create a BSS Account. You are required to provide a valid email address ("Email Address") and create a user password ("Password") and a unique username. In setting up your BSS Account, you may also be prompted or required to enter additional information, including but not limited to your name, location or other information required to confirm your identity. In addition, you agree to provide accurate and complete information when creating or updating your account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify us immediately of any unauthorized use of your account or other breach of security. You may not use another’s account without permission. We will terminate your account in appropriate circumstances if you are determined to be a repeat infringer. We also may terminate your account if you violate any provision of these Terms of Use or fail to comply with our requests concerning your account.

  8. Course Registration. In order to participate in a Course offered by BSS, you may be required to register in the Course by selecting the Course from the list of offered courses. You may be required to provide additional information at the time of registration including, without limitation, evidence of eligibility or of successful completion of prerequisite courses. You understand and agree that all information provided by you is accurate, current and complete and that you will maintain and update your information to keep it accurate, current and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to refuse access to the selected course or to terminate your use of the Site. You agree that you will never divulge or share access or access information to your BSS Account with any third party for any reason.

  9. Fees and Billing. BSS provides the Site and the BSS Materials for the fees and other charges set forth on the Website other location on the Site for those users of the Site or the BSS Materials that are not credentialed under an existing third party relationship , including but not limited to, educational institutions, accelerators, incubators or other entrepreneurship-related organizations. If you have a question on whether you qualify under an existing third party contract that BSS has in place with any of the above, please contact support@bossstartupscience.com. All prices listed exclude all sales taxes, fees, use taxes, charges, duties, levies and similar governmental charges (“Sales Taxes”) imposed on the provision of the Site or the BSS Materials and all such Sales Taxes shall be borne solely by and paid by You to BSS and deemed to be in addition to the fees charged in connection with the Service. Where applicable, You shall be responsible for all Sales Taxes and BSS reserves the right to collect Sales Taxes retroactively. We may, at any time, add new services for additional fees and charges, or prospectively modify fees and charges for existing services (including prospectively charging fees for access to the Site or the BSS Materials not previously charged for) on notice as provided herein. You acknowledge that it is Your responsibility to ensure payment in advance for all paid aspects of Your access to the Site or the BSS Materials, and to ensure that your credit or debit cards or other payment instruments accepted by BSS, continue to be valid and sufficient for such purposes. We may suspend or terminate Your use as provided in Section 16, in the event of any payment delinquency or for other reasons. You will not be entitled to any refund on termination or expiration of the Agreement for any reason. All payments once made to BSS are agreed to have been earned by BSS as of the date of payment. You will not be entitled to any refund for the partial use, access to the Site or the BSS Materials or credits at any time.

  10. Content Modification or Cancellation. The Site, including the Content and Course materials, may contain errors and omissions. We reserve the right to correct errors or omissions without prior notice. We also reserve the right to cancel, discontinue, reschedule, delay, change instructors or modify any course or service.

  11. User submissions and rules of conduct. Account holders will be able to participate in online discussion forums and to submit or post comments, profiles and/or other content on the Site (collectively, “User Content”). You are solely responsible for any User Content you post or submit to the Site, and for the consequences of posting or submitting it. By posting or submitting User Content to the Site, you grant us a nonexclusive, worldwide, irrevocable, fully paid, perpetual license to use, reproduce, prepare derivative works of, distribute, display, perform, and otherwise make available your User Content in connection with the Site and for our broader educational purposes, including without limitation for promoting or redistributing part or all of the Site (and derivative works thereof) in any manner or media, and to authorize others to do the foregoing. By posting or submitting User Content to the Site, you represent and warrant that you have the right to grant us the foregoing rights, and that neither your User Content nor our use of it as permitted under the foregoing license will infringe or violate anyone’s rights. You agree not to submit or post any content, or engage in any other activity in connection with the Site, that:

    • Infringes anyone’s copyright, patent, trademark or other proprietary rights, or rights of privacy or publicity

    • Violates any law or regulation

    • Is intentionally false or misleading

    • Defames, threatens, or harasses anyone

    • Is harmful, dangerous, abusive, or offensive

    • Is obscene or contains pornography

    • Contains or utilizes any computer virus, other malicious code, or program that may damage or interfere with the operation of any system, or may unlawfully intercept any data or personal information

    • Contains or consists of advertising or any form of commercial solicitation or activity

    • Otherwise interferes with the functioning of the Site or other users’ use or enjoyment of the Site

Although we will have no obligation to monitor or take action with respect to User Content, we reserve the right to remove any User Content that we believe violates the above standards or any other provision of these Terms of Use, and to terminate the applicable user’s account and right to use the Site, in addition to any other rights or remedies available to us. We do not approve or endorse any User Content, and you agree that we will have no responsibility or liability in connection with your use of any User Content.

  1. Security Rules

Violations of system or network security may result in civil or criminal liability. BSS will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the use or users who are involved in such violations. You agree that you will not violate or attempt to violate the security of the Site, including without limitation:

  • attacking, probing, scanning or testing the vulnerability of, breaching security of, disrupting, disabling or harming the Site, or servers or networks connected to the Site

  • using the Site via any automated means, such as a screen-scraper or robot. This is not intended to exclude the use of assistive technology for your own use, such as screen-readers

  • sending any unsolicited emails to other Site Users or forging any TCP/IP packet header or any part of the header information in any email

  • displaying the Site within a frame on another website without consent, or place pop-up windows or other disruptive technologies over it

  • accessing data not intended for you or logging into a server or account you are not authorized to access

  • attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the Site, overloading, "flooding", "Mailbombing" or "Crashing"

  • impersonating another person or improperly allowing another to use your registration information to access the Site.

  1. Disclaimer of warranties. THE SITE AND THE CONTENT ARE PROVIDED “AS IS.”TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR COLLABORATORS, LICENSORS, CONTENT PROVIDERS AND DISTRIBUTORS (COLLECTIVELY, OTHER THAN PROVIDERS OF USER CONTENT, OUR “COLLABORATORS”) DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE) REGARDING THE SITE OR THE CONTENT, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE AND OUR COLLABORATORS MAKE NO WARRANTY ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, SUFFICIENCY OR QUALITY OF THE SITE OR THE CONTENT, NOR THAT ANY PARTICULAR CONTENT WILL CONTINUE TO BE MADE AVAILABLE. WE DO NOT APPROVE OR ENDORSE ANY USER CONTENT OR CONTENT PROVIDED BY OTHERS. NEITHER WE NOR OUR COLLABORATORS WARRANT THAT THE SITE WILL OPERATE WITHOUT ERROR OR INTERRUPTION, OR THAT THE SITE OR ITS SERVER IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIALS.

  2. Limitations of liability and remedies. YOUR USE OF THE SITE AND THE CONTENT IS AT YOUR OWN SOLE RISK. IN NO EVENT SHALL WE OR OUR COLLABORATORS BE LIABLE TO YOU, IN CONTRACT, TORT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER SUCH DAMAGES ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT, AND REGARDLESS WHETHER WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS OF USE, WE OR OUR COLLABORATORS ARE FOUND LIABLE TO YOU (IN CONTRACT, TORT OR OTHERWISE) FOR ANY DAMAGE OR LOSS ARISING OUT OF OR RELATING TO THE SITE OR THE CONTENT, OR YOUR USE OF THE SITE OR THE CONTENT, OR THESE TERMS OF USE, OUR LIABILITY AND THE LIABILITY OF OUR COLLABORATORS SHALL IN NO EVENT EXCEED FIFTY DOLLARS ($50) IN AGGREGATE, EVEN IF THE SITE OR CONTENT IS DEFECTIVE OR WE ARE NEGLIGENT OR OTHERWISE AT FAULT. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

  3. Indemnity. You agree to indemnify and hold harmless BSS and our Collaborators, and our and their respective officers, fellows, governing board members, directors, employees, and agents, from and against all claims, actions, suits, damages, liabilities, and costs (including, without limitation, reasonable legal fees) arising from or relating to your use of the Site or any of the Content, your provision of any User Content, and/or your failure to comply with any provision of these Terms of Use.

  4. Termination and Interruption of Access. BSS may on occasion interrupt or suspend Your access to any or all BSS Materials or the Site, with or without prior notice, to protect the integrity or functionality of Site or for maintenance purposes or for breach if You violate these Terms. You agree that BSS is not liable for any interruption or suspension of access to the Site or BSS Materials  (whether intentional or not Likewise, You agree that in the event of loss of any of Your data,  BSS will not be liable for any purported damage or harm arising therefrom.  BSS may, at its sole discretion, provide You a grace period prior to termination, in the event of a breach or Your failure to pay fees and charges, without waiving its rights hereunder to terminate immediately upon such events.  We may suspend or terminate Your access or use of the Site or the BSS Materials if we determine in our discretion that such action is desirable for any reason, or advisable to comply with applicable legal requirements, or to protect the rights or interests of BSS or any third party. Under no circumstances, will You will be entitled to compensation or a refund for any interruption, suspension or termination, and You acknowledge BSS will have no liability to You or others in connection with any interruption, suspension or termination.

  5. Links to other sites. Links on the Site to third-party web sites are provided solely as a convenience to you. We do not approve or endorse the content of linked third-party sites, and you agree that we will have no responsibility or liability in connection with your use of any linked third-party sites.

  6. Trademarks. Nothing in these Terms of Use or on the Site will be construed as granting you any right or license to use any trademarks, service marks, or logos displayed on the Site. You agree not to use or register any name, logo, or insignia of BSS or any of its subdivisions for any purpose except with our prior written approval and in accordance with any restrictions required by us.

  7. Copyright complaints. We respect the intellectual property rights of others. If you believe your copyright has been violated on the Site, please notify us via email at copyright@bossstartupscience.com, the contact information for our designated agent under the Digital Millennium Copyright Act (see 17 U.S.C. §512(c)(3) for further information). That contact information pertains only to notifications of claimed infringement. Please direct all other communications concerning the Site to support@bossstartupscience.com.

  8. Applicable law and jurisdiction; access from outside California. These Terms of Use, and any claim or dispute that arises from or relates to your use of the Site or the Content, will be governed by the laws of the state of California, without regard to its conflicts of laws principles. You agree that all such claims and disputes will be heard and resolved exclusively in courts sitting in the state of California. You consent to the personal jurisdiction of such courts over you for this purpose, and waive and agree not to assert any objection to such proceedings in such courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum). Excluding claims for injunctive or other equitable relief, for claims related to the Site where the total amount sought is less than ten thousand U.S. Dollars ($10,000.00 USD), either you or BSS may elect at any point during the dispute to resolve the claim through binding, non-appearance-based arbitration. The dispute will then be resolved using an established alternative dispute resolution ("ADR") provider, mutually agreed upon by you and BSS. The parties and the selected ADR provider shall not involve any personal appearance by the parties or witnesses, unless otherwise mutually agreed by the parties; rather, the arbitration shall be conducted, at the option of the party seeking relief, online, by telephone or via written submissions alone. Any judgment rendered by the arbitrator may be entered in any court of competent jurisdiction. Any claim or cause of action you may have with respect to BSS or the Site must be commenced within one (1) year after the claim or cause of action arose.

  9. Termination; Discontinuation of Site or Elements. The rights granted to you hereunder will terminate automatically upon any breach by you of these Terms of Use, unless we otherwise specifically agree in writing, but all of the other provisions of these Terms of Use will survive any such termination. We reserve the right at any time in our sole discretion to cease providing any Content, to change or discontinue any aspect or element of the Site, or to cease making the Site available.

  10. User Status. You agree and acknowledge that your access to the Site, participation in any Course and your agreement to these Terms do not confer any right to access or use the resources of BSS or establish any relationship with BSS or its instructors beyond the Site. You agree that no joint venture, partnership, employment, or agency relationship exists between BSS and you as a result of these Terms or your use of the Site.

  11. International Use and Consent to Processing.  BSS controls and operates this Site within the United States of America, and all information is collected, transmitted, processed and stored within the United States. We do not represent that materials on the Site are appropriate or available for use in any location. Persons who choose to access the Site or the Content from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site and participation in the Content. Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. By providing any personal information to the Site, all users, including without limitation users in the European Union, fully understand and unambiguously consent to the collection, transmission, processing and storage of such information in the United States and the use of such information for research by BSS and its licensees.

  12. The Privacy Policy provides information regarding the processing, transmission and use of data collected through the Site.

  13. General. If any provision of these Terms of Use is held to be invalid or unenforceable, that provision, to the extent unenforceable, shall be struck, and shall not affect the validity or enforceability of the remaining provisions. Your rights under these Terms of Use are personal, nonexclusive and nontransferable. Headings are for reference purposes only and in no way define or limit the scope or extent of any provision of these Terms of Use. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Except as otherwise expressly provided in these Terms of Use, nothing herein shall be deemed to confer any third-party rights or benefits. We may change these Terms of Use from time to time without advance notice. Your use of the Site or any of the Content after any changes have been made will constitute your agreement on a prospective basis to the modified Terms of Use and all of the changes. These Terms of Use set forth the entire understanding and agreement between you and us with respect to the subject matter hereof.

 

BSS Terms of Use Vers. 2.0, July 2021

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