Build Momentum, a California corporation (“Momentum,” “us”) is pleased to welcome you to our newsletter! These terms of service (“Terms”) govern access by any reader or visitor (“User” or “you”) to our subscription-only newsletter, including without limitation any embedded or related website, application, or plug-in that is produced and published by Build Momentum, a California corporation (the “Service”).
- Acceptance of Terms
By using the Service, you agree to be bound by these Terms. If you are using the Service on behalf of or for the benefit of a legal entity, you accept and agree to follow and be bound by these Terms as a representative of and on behalf of such legal entity, which is hereby bound by these Terms, and in such case, “User” or “you” also refers to such entity. If you do not agree to these Terms, you must cease using the Service immediately. - Eligibility
To use the Service, you must be at least 18 years of age and legally able to enter into a contract, and that if you are a representative of a legal entity, you must be authorized to enter into contracts on behalf of and obligate such entity. - No Forwarding or Other Prohibited Use
We are thrilled to make this Service available to you, but it is for your use only. You are prohibited from forwarding, copying, reproducing, re-publishing, posting, displaying, or otherwise distributing (“Distributing”) the Service to any third party (each, a “Prohibited Transmission”). If you are a trade association, incubator, accelerator or other organization with third party members or associates, then each of your members or associates must purchase their own Service and you are prohibited from Distributing the Service to them. Because of the nature of the Services, it is difficult or impossible to determine with precision the amount of damages that would be incurred by Momentum as a result of your Prohibited Transmission. Accordingly, you shall pay Momentum $400.00 USD (“Liquidated Damages”) for each Person who receives the Prohibited Transmission, directly, or indirectly from User. The amount of Liquidated Damages is not a penalty, and is a reasonable estimate of fair compensation for the losses that may reasonably be anticipated from each Prohibited Transmission.
You may not use the Service: (a) in any manner that violates applicable law or regulation, (b) in order to compete directly with Momentum, (c) in a way that violates any third party intellectual property right, or (d) in a way that is harmful, threatening, abusive, indecent, obscene, or otherwise objectionable. You must promptly notify Momentum of any suspected violation of these Terms by you or any other user and you must cooperate with Momentum to address the suspected violation. Momentum may suspend or terminate any User’s access to the Service effective upon notice if Momentum reasonably believes that the User violated these Terms.
- Intellectual Property Rights
The Service is owned and operated by Momentum, including all copyright and other intellectual property therein, whether registered or not. The trademarks, logos, and other marks displayed on the Service belong to Momentum or its licensees. The Service may also include intellectual property owned by third parties, which intellectual property rights are retained by those third parties.
You have no license to any of Momentum’s intellectual property rights, whether by estoppel, implication or otherwise. Any rights not expressly granted in these Terms are reserved by Momentum.
- Privacy
Access our Privacy Statement here. - Fees
Use of the Service is subject to your payment of applicable fees, and Momentum may suspend or terminate your access to the Services with or without notice to you for failure to pay amounts due and owing. Momentum may change prices, or institute new charges, upon written notice to you. - Modification of the Service
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice. We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. - Termination
These Terms are effective for as long as you use the Service. You may terminate your use of the Service at any time by unsubscribing from the Service.
If these Terms terminate for any reason: (a) any and all of your liabilities to Momentum that have accrued before the effective date of the expiration or termination will survive; (b) licenses and use rights granted to you with respect to the Service and intellectual property will immediately terminate; (c) Momentum’s obligation to provide any further services to you under these Terms will immediately terminate, except any such services that are expressly to be provided following expiration or termination of these Terms. Any other provisions that, by their nature, should survive termination of these Terms shall survive termination.
- Third Party Content
We may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. We make no representations or endorsements as to the quality, suitability, functionality, or legality of any third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such services. MOMENTUM IS NOT RESPONSIBLE FOR THE CONTENT ON THE INTERNET OR WEB PAGES THAT ARE LOCATED OUTSIDE THE SERVICE OR CREATED BY A THRID PARTY. You agree that we are not responsible or liable for any loss or damage of any sort incurred as the result of any third party content on the Service. - Warranties and Disclaimers
THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS. YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR SOLE RISK. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THE SERVICE ARE PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, RELIABILITY, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM. - Indemnification
You will defend, indemnify, and hold us, our affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys’ fees) arising from or related to, as applicable: (a) your access to and use of the Service; (b) violation of these Terms by you; and (c) infringement of any intellectual property or other right of any person or entity by you. - Limitations of Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, MOMENTUM, ITS AFFILIATES, ITS SUBSIDIARIES, AND ITS THIRD-PARTY SERVICE PROVIDERS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA OR INFORMATION), HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM YOUR USE OF THE SERVICE, THIS AGREEMENT, OR ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF MOMENTUM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE TOTAL AGGREGATE AMOUNT THAT MOMENTUM IS LIABLE TO YOU EXCEED THE GREATER OF (I) $100.00 OR (II) THE AMOUNTS PAID BY YOU TO MOMENTUM IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT ON WHICH YOUR CLAIM IS BASED.
General
You and Momentum are independent contractors, and are not the agents or representatives of the other. No third party may benefit from and cannot enforce these Terms. You agree to receive all communications, agreements, and notices that we provide in connection with the Service via electronic means, including by e-mail. You may not assign your rights or obligations, or delegate your responsibilities hereunder without our prior written consent, and any attempt to do the foregoing is void. These Terms and any dispute of any sort that might arise between us will be interpreted in accordance with the law of the State of California without regard to any conflict-of-law or other principles that provide for the application of the law of another jurisdiction. Except as otherwise provided herein, these Terms and any documents expressly incorporated by reference constitute the final, complete, and exclusive expression of the agreement between you and Momentum regarding the Service. Momentum may in its sole discretion modify or amend these Terms upon notice to you. Waiver by a party of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future. If any part of these Terms is found to be illegal, unenforceable, or invalid in any respect, the remaining portions of these Terms will remain in full force and effect. The headings used throughout these Terms are solely for the convenience of reference and are not to be used as an aid in the interpretation of these Terms.