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Welcome to E-Startup (“E-Startup”, the “Company,” “we,” “us,” and “our”). We provide our services (“Services”) online, including via our website at www.e-startup.co or any website owned by E-Startup (collectively the “Website(s)”), and other forms of communications such as email. Providing information on the Website also constitutes part of the Services.
We use the term “User” or “you” or “your” or “Visitor” or “Customer” to mean any past, current, or prospective customer of our Services as well as any visitor to the Website. These Terms apply to each Customer. There will be no fees for Customers to use the Services unless stated explicitly in these Terms or in other notices from E-Startup to Customers such as information on the Website.
We at E-Startup Business Solutions LLC www.e-startup.co have designed our business practices to safeguard your privacy. We value our customer(s) privacy including personal information and recognize that you have the right to protect and secure that data. If you don’t understand a section of our policy, or have any questions about our policy, please contact us at info@e-startup.co
By accessing or using the Services (including accessing the Website), you agree to be bound by these Terms as if these Terms were signed by you in ink on a hard-copy agreement or acknowledged over a Internet / web portal. We may also ask you to confirm that you agree to these Terms, including by taking particular actions, such as clicking a button labeled “I Agree” or “any particular” direction button or using the Services. Any personally-identifiable information about you or anyone else may be stored on or through the Services (“Personal Data”) so long as you are a Customer, E-Startup hereby grants you permission to use the software (“Software”) included in the Website as part of the Services. Your right to use the Software is revocable by E-Startup, and is not sublicensable. Moreover, the Software must be used solely for personal use by you only.
The information provided in the Website or via any other means of transmission from E-Startup is not legal advice, but general information. The content contained on the Website or information contained in any other transmission from E-Startup is subject to these Terms.
From time to time, E-Startup may develop new services or offer additional registration(s) / services. The introduction of these new or additional registration(s) / services results in any material change to the way we collect or process your personal data. We will provide you with more information or additional terms or policies. Unless stated otherwise when we introduce these new or additional services, they will be subject to this Privacy Policy.
E-Startup reserves the right to change or update these Terms at any time. Changes or updates of these Terms will appear on the Website and/or be communicated to Customer and are effective immediately. Use of the Website or receipt of Services after any such changes constitutes your consent to such changes and updates.
The purpose and intent of E-Startup is to provide you with general information, and not to provide any specific advice (legal or otherwise). The information presented is provided solely for informational purposes and constitutes an advertisement for services. E-Startup does not wish to represent anyone desiring legal representation based upon viewing the Website or information provided via email, facsimile, phone conversation, or any other form of transmission. Visitors or recipients of this information should not act upon this information without consulting with legal counsel. None of the information on the Website constitutes professional or legal advice or a recommendation by E-Startup, its representatives, agents, or otherwise. E-Startup operates exclusively at Customer’s direction and does not offer legal, tax or accounting advice or services, and no information provided by E-Startup constitutes legal, tax, or accounting advice.
The transmission and receipt of materials provided by E-Startup is not intended to and does not create an attorney-client relationship. Also, providing any of the information made available at the Website or via other forms of transmission does not create a business, legal, or professional relationship.
We collect information from you which, either singularly or in conjunction with other pieces of date, may be used to specifically identify you (“personal information”). The personal information we collect includes:
• Name
• Online Identifier (e.g. social media handles)
• Account Name
• Postal Address with PIN
• Street Address
• Email Address
• Telephone Number
• Social Security Number
• Geolocation Data
• National Origin
• Citizenship Status
• Bank Account Numbers
• Credit Card Numbers (accessible via our third-party payment processor)
• Debit Card Numbers (accessible via our third-party payment processor)
Information obtained from E-Startup or the Website should NOT be used as a substitute for legal advice from an attorney. It is provided “as is”, is not guaranteed to be correct, complete or up-to-date, and E-Startup expressly disclaims all warranties and disclaims any and all liability of responsibility for loss, claim, liability, or damage that is a result of or in any manner related to errors or omissions in the content provided by E-Startup or the Website.
Any information, text, graphics, photos or other materials uploaded, downloaded or appearing in connection with our Services or on our Website, including all Personal Data, are collectively referred to as “Content”. When you provide Content to us (“Customer Content”), you warrant to us that you have all rights necessary to provide your Content to us.
In addition to Customer Content, some of the Content on the Services and Website is owned by us (“E-Startup Content”), and by partners and other entities (“Third Party Content”). You may use E-Startup Content and Third Party Content for your personal use only. Except for Customer Content, you may not share any Content with any other person or entity without the prior written permission of the owner of that Content. For example, you would need to obtain our prior written permission prior to re-posting any E-Startup Content to another website or sharing it with others.
We own E-Startup Content and the Services, and all intellectual property associated therewith, including copyrights and trademarks. You may not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices in or accompanying the Services or any of the Content other than Customer Content. You may not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Services or any Content, other than Customer Content.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person that originates the Content. We do not monitor the Content posted via the Services. E-Startup will not be liable for any Content, including but not limited to any errors or omissions in any Content, or any loss or damage of any kind incurred arising out of the Content or any use of any Content.
Your use of or reliance on any Content or materials posted on our Website or provided to or obtained by you through the Services is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Website or in connection with the Services. We do not endorse any opinions expressed via the Services.
You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings or Content that have been mislabeled or are otherwise deceptive.
You grant E-Startup and agree to grant E-Startup a nonexclusive, perpetual, irrevocable, worldwide, unlimited, assignable, sublicensable, transferable, fully paid-up and royalty-free right and license to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize Customer Content in any form, format or process now known or hereafter discovered, via the Services or otherwise, including but not limited to any Customer-generated Content, ideas, concepts, techniques or data, without any further consent by you, and without any notice or compensation to you or to any third parties (“Content License”). Except for the Content License you grant to us, you retain all ownership or other rights you may have to Customer Content. Prior to providing us with Customer Content, you should retain a copy of Customer Content in a safe place accessible to you.
You are responsible for your use of the Services, for your Content, and for the consequences of what you do.
By Customer providing any email address, phone number, cellular phone number, or any other means of contacting Customer (“Customer Contact Information”), Customer expressly agrees that E-Startup can contact such Customer via such Customer Contact Information (including via text messages) for any purpose, including providing information regarding or in connection with the Services, as well as for marketing purposes.
Our Services generally require users to be at least 18 years (Major) of age. You warrant that you have the right, authority and capacity to enter into these Terms as a binding agreement.
If anyone under the age of 18 provides any Content to us, the Person’s / minor(s) parent or guardian may contact us. We will delete any Content provided by the minor.
Certain types of Content you submit to us might reveal your gender, ethnic origin, nationality, age, religion, sexual orientation, health information, or other Personal Data about you or others. Each time you use our Services or submit Personal Data or other Content to us, you confirm your consent to the collection, storage, processing, use, sharing, and onward transfer of your Personal Data and any other Personal Data you submit, and all other Content you provide, as further stated in the version of these Terms and the version of the Privacy Policy that are current as of the date of your submission.
Please note, however, that any Personal Data, or other Content or data collected, stored or processed by a partner or a third party is subject to the privacy policy or agreements of that partner or third party. We are not responsible for the privacy practices, security, or other aspects or processes of any partner or third party, except as expressly stated in the current version of these Terms and the current version of the Privacy Policy.
We also reserve the right to access, read, preserve, and disclose any Content, data or other information (including Personal Data) as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security or technical issues; (iv) respond to Customer support requests; or (v) protect the rights, property or safety of E-Startup, the Services, our customers and the general public.
The Website contains links to servers maintained by other businesses and organizations (Data Storage facility Company), which exist independently from E-Startup or the Website. E-Startup cannot provide any warranty about the accuracy or source of the information contained on any of these servers or the content of any file a Customer might download from these sites. No such third party is endorsed or recommended by us by virtue of the fact that links to their servers appear on the Website. All accessing and downloading of material from such third party sites is at the Customer’s own risk, for which E-Startup is not responsible or liable in any way.
For the avoidance of doubt, all charges imposed by such third parties - including but not limited to auto-renew fees for registered agent(s) and/or any other services - cannot be reversed, discounted or in any way altered after those charges have been applied to your account.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IF YOU ARE DISSATISFIED OR FEEL HARMED BY E-STARTUP, THE SERVICES, OR ANYTHING RELATED TO THE SERVICES, YOU MAY STOP USING THE SERVICES. TERMINATION IS YOUR SOLE AND EXCLUSIVE REMEDY. IN PARTICULAR, WE DISCLAIM THAT THE SERVICES WILL RESULT IN ANY PARTICULAR FINANCIAL BENEFIT OR OTHER BENEFIT OR SUCCESS TO CUSTOMERS IN ANY WAY.
WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR WITHOUT ERRORS. THE OPERATION OF THE SERVICES, INCLUDING THE WEBSITE, MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. WE DISCLAIM ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS. FURTHERMORE, WE DISCLAIM ALL LIABILITY FOR ANY MALFUNCTIONS, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET OR ANY OTHER NETWORK, AND FOR ANY OTHER REASON.
E-Startup may, at its sole discretion, refuse or cancel existing Services to any person or entity for any reason, including for misuse of E-Startup promotions. For example, if E-Startup were to offer a promotion (such as a promotion on state Annual Filing or Federal Filing or Registered Agent Renewal), such promotion can only be used once by a Customer and attempting to use such promotion more than once by the same Customer is misuse of E-Startup promotions. In such a case, E-Startup reserves the right to refuse service or cancel any orders in which a Customer is misusing an E-Startup promotion by attempting to use such promotion a second time or more. E-Startup is not responsible for any damage or loss that may result from E-Startup’s refusal or cancellation of Services for any reason.
An order is generally refundable until payment is forwarded to any government entity, such as a state or the U.S. federal government (typically within Forty Eight hours after an order is placed), less a $30.00 cancellation fee and less any other expenses which have been paid or incurred in furtherance of an order, including payments to any entities, including state agencies or the Federal government or third party vendors. Once payment has been forwarded to any government entity or third party, E-Startup cannot accept any cancellations or any other changes to an order. In the case of IPR filings, once a trademark / Copyright / Patent search has been conducted or payment has been made to the U.S. Patent and Trademark Office, E-Startup cannot accept any cancellations or any other changes to an order. To request an order cancellation prior to E-Startup making any payments to a government entity or other third party, or prior to a search being conducted for a trademark filing, your order must be in primary stage or Review status. You must place your order on hold by clicking on the make changes / pause button inside your order confirmation email and if the cancellation request meets E-Startup’s requirements as stated above, as determined by E-Startup at E-Startup’s sole discretion, then E-Startup will honor the cancellation. Instructions to cancel an order or any other changes to an order cannot be accepted by telephone or email. E-Startup does not dispute legitimate chargebacks. If, however, an illegitimate or improper chargeback (e.g., a chargeback requested after payment by E-Startup to a government entity or third party, or after a IPR search has been conducted) is submitted, E-Startup reserves the right to take any actions E-Startup deems appropriate at E-Startup’s sole discretion. Such actions by E-Startup include, but are not limited to, canceling subscriptions or other Services and the dissolution of any entity formed for which payment was charged back or disputed by Customer. Customer shall be liable to E-Startup for all costs incurred by E-Startup in dissolving such legal entity. If E-Startup is unable or unwilling to dissolve such entity, or if payment was made to the U.S. Patent and Trademark Office for a IPR filing including but not limited to trademark filing, Customer agrees to dissolve such entity promptly or abandon the IPR / trademark filing, at the request by E-Startup, or be liable to E-Startup for liquidated damages in the amount of Seven hundred U.S. dollars (US$700) plus any and all costs incurred by E-Startup to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law. E-Startup reserves the right to dissolve any legal entity which is fraudulently formed by any person who uses a third party’s name without authorization from such third party to form the legal entity, and any person who forms such legal entity shall be liable to E-Startup for liquidated damages in the amount of Twenty five thousand U.S. dollars (US$25,000) plus any and all costs incurred by E-Startup to collect the liquidated damages and dissolve the legal entity, including court costs, arbitration costs, legal fees, and collection costs to the extent not prohibited by applicable law.
We may terminate these Terms for any reason or no reason, at any time, with or without notice. Any termination by us shall be effective immediately or as may be specified in our notice.
We may restrict, suspend or block the access of any Customer who abuses or misuses the Services. Misuse includes, among other things, infringing any intellectual property rights, using any functionality, feature or capability of the Services to generate, support or transmit any form of spam, engaging in any behavior or activity that we asked you not to do, or any other behavior that we, in our sole discretion, deem contrary to the mission and purpose of E-Startup and the Services.
Upon termination, you may lose access to some or all of the Services. We may block access to the Services from an Internet Protocol (“IP”) address or range of IP addresses associated with those of terminated Customers. Upon termination, all licenses and other rights granted to you by us in these Terms will immediately cease, but any licenses you have granted to us will survive termination regardless of the reason for such termination. In addition, any fees invoiced to you prior to termination that have not been paid will continue to be due in accordance with these Terms, and no refunds shall be provided for payments previously made.
Services provided by E-Startup may automatically renew to keep a Customer’s legal entity in compliance with state or federal agencies or or other government requirements. A current and active credit card on file will be charged by E-Startup’s registered agent partner for the annual renewal of the Registered Agent service. The current Registered Agent service annual renewal fee is available on the Website and the Customer Dashboard (see Website). The Customer has the option to cancel the Registered Agent service at any time by assigning a new registered agent with state and notifying E-Startup of the change. If such notification is not provided to E-Startup by the expiration date of the existing Registered Agent service, E-Startup may automatically renew these Services. If E-Startup is unable to complete an auto-renewal due to payment failure, E-Startup may, at its sole discretion, cancel the Registered Agent service. Credit card information held for purposes of automatic renewal and subscription Services by E-Startup will not be used for other purposes without Customer consent and permission. E-Startup and E-Startup’s registered agent partner implement reasonable safeguards to protect Customer data pursuant to the Privacy Policy. All prices for the Services advertised on E-Startup are subject to change at any time without prior notice.
Customer hereby agrees, represents, and confirms that the Customer will not use the information presented, products, Services or materials purchased from or provided by E-Startup to commit fraud or any other illegal act or crime; to misrepresent identity or legal purpose; to misrepresent, misstate, or falsify information on legal documentation; to misrepresent or mistake any fact; or in any other unlawful, illegal or improper manner. Customer hereby agrees to be responsible for any costs, including legal fees, incurred by E-Startup in the event Customer fails to conform to this requirement. Customer hereby accepts full liability and shall indemnify, defend and hold E-Startup, its owners, agents, employees, representatives, and providers harmless from any and all damages, claims, demands, judgments, expenses, and causes of action asserted against E-Startup by any person or local, state or federal government agency arising from or out of any event, circumstance, act or incident resulting from Customer’s use or misuse of the information presented, or products, Services or materials provided by E-Startup.
Customer hereby agrees and confirms to give E-Startup complete authority to sign documents on Customer’s behalf for the purpose of, and not limited to, completing any order or modification thereof on Customer’s behalf.
E-Startup reserves the right to investigate complaints or reported violations of these Terms and to take any and all actions it deems necessary or appropriate including the reporting of any suspicious or suspected unlawful or illegal activity to law enforcement, applicable regulators or other third-parties. E-Startup may disclose any information necessary or appropriate in this respect, including Customer-submitted information, profiles, email addresses, usage reports, IP addresses, Customer traffic, and other Customer Content.
As a condition to your right to access the Website and to use the Services, you agree to these Terms, including agreeing to comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements or Stock Exchange Law, if any and to provide accurate information to us and update it as necessary. You also agree to review our Privacy Policy, which may change from time to time as well as review and comply with notices sent by us concerning the Services.
You also agree to not act dishonestly, inappropriately or unprofessionally by posting inappropriate, inaccurate, or objectionable Content anywhere. Furthermore, you agree not to use software, devices, scripts, robots or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other part of the Services. You will also not override any security component included in or underlying the Services.
Customer acknowledges that Customer is solely responsible for the post-formation maintenance, reporting, filings, and any other documentation required to maintain formation status and/or legal, tax or other required compliance with applicable federal, state or local government agencies or oversight commissions. Customer acknowledges that E-Startup may provide Customer with information regarding post-formation maintenance. E-Startup may provide updates, notifications and/or reminders to the postal address or email address or cellular telephone number provided by Customer or as a post or alert to Customer's online account (if applicable) solely as a courtesy and such does not create any liability on the part of E-Startup. E-Startup is not responsible for: (i) Customer’s action or inaction based on any information provided via email, facsimile, cellular phone text, phone conversation, website posting, alert, notification or any other form of transmission or communication; (ii) Customer’s failure or inability to receive or access the information; or (iii) E-Startup’s decision, in its sole discretion, to cease providing such information. E-Startup makes no representation or warranty as to the comprehensiveness or timeliness of the information. Customer acknowledges that it is Customer's sole responsibility to comply with all applicable state, local, federal, or international laws.
CUSTOMER HEREBY AGREES THAT IN NO EVENT SHALL E-STARTUP BE LIABLE FOR ANY DAMAGE, LOSS, CLAIM, INJURY, OR LIABILITY RESULTING FROM YOUR USE OF THE WEBSITE OR ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR INFORMATION PROVIDED BY E-STARTUP (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES).
TO THE EXTENT PERMITTED BY LAW, NEITHER E-STARTUP NOR ANY OF E-STARTUP AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES, IF ANY, YOU PAID E-STARTUP DURING THE CALENDAR YEAR IN WHICH SUCH EVENT IS CLAIMED TO HAVE OCCURRED, OR USD $50, WHICHEVER AMOUNT IS GREATER.
NEITHER E-STARTUP NOR ANY OF E-STARTUP AFFILIATES SHALL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF USE, PROFIT, REVENUE OR DATA TO YOU, ANY ENTITY, OR ANY THIRD PERSON. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER (I) YOU BASE YOUR CLAIM ON CONTRACT, TORT, STATUTE OR ANY OTHER LEGAL THEORY, (II) WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR (III) THE LIMITED REMEDIES PROVIDED IN THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Customer hereby waives, discharges, and releases E-Startup of any and all claims, losses, demands, or liability of any kind against E-Startup, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, whether known, unknown, disclosed or undisclosed, arising out of or in any way connected with your use of the information or Services of E-Startup.
Customer also acknowledges and agrees that when third parties provide fulfillment services on E-Startup's behalf and such services have been appropriately charged to Customer, including auto-renew fees, such fulfillment services cannot be subject to any type of refund and/or discount after charges for those services have been applied to the Customer's account.
Customer hereby agrees to indemnify, defend and hold harmless E-Startup, its owners, partners, affiliates, representatives, employees, agents, licensors, suppliers, and any other third party providers, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected with Customer’s use of the information or Services of E-Startup. Customer hereby agrees to indemnify, defend and hold harmless E-Startup, its owners, representatives, and employees, from and against all claims, losses, expenses, damages and costs, including but not limited to legal costs and fees, arising out of or in any way connected to Services provided by an affiliate, partner, supplier, third party provider or vendor including but not limited to any act, omission, negligence, or error by such affiliate, partner, supplier, third party provider or vendor.
You agree to defend, indemnify and hold E-Startup and its partners, as well as any of our respective subsidiaries, affiliated companies, officers, employees, members, directors, or service providers (“E-Startup Affiliates”) harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following alleged activities: (i) your Content or your access to or use of the Services; (ii) any alleged breach of these Terms; (iii) any breach, infringement, misappropriation or violation of any third-party right including without limitation any intellectual property right, publicity right, confidentiality, property right or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, any regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. We ask that you cooperate as reasonably requested by E-Startup in the defense of any claim. E-Startup reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you. Customer will not in any event settle any claim against E-Startup or E-Startup Affiliates, without the prior written consent of E-Startup, which consent E-Startup may refuse in its sole discretion.
In the event of a dispute between you and E-Startup, please contact E-Startup customer service for resolution. Any controversy or claim arising out of or relating to the use of the Website, information provided on the Website, or via any other means of transmission from E-Startup, or advertisement for Services, or any dispute in connection with these Terms or provision of Services by E-Startup, or with respect to any other products, services, or materials provided by E-Startup, or Customer’s use of the information provided on the Website, shall be submitted for final and binding arbitration (or online dispute/arbitration resolution) to a single arbitrator, provided that: (1) the arbitrator has at least three (3) years of expertise in the field relevant to the nature of the dispute and; and (2) the arbitrator is not or has not been a contract agent or a former employee of either party. In the event the parties are unable to agree on a single arbitrator who meets the qualifications set forth above, then an arbitrator shall be appointed by and/or under the rules of the American Arbitration Association (“AAA”) within ten (10) days of the date on which a party seeks assistance from the AAA in selection of a neutral arbitrator. The arbitration shall be conducted in accordance with the Commercial Rules and procedures of the AAA, and shall take place in Houston, Texas or in a location otherwise mutually agreed upon by the parties or via an online forum pursuant to online dispute or arbitration resolution processes. The parties further agree that: (1) the arbitration shall not last more than three (3) days; (2) there shall be no discovery other than the exchange of information and materials provided to the arbitrator by each of the parties, for which there shall only be thirty (30) days to accomplish; (3) the arbitrator’s final decision shall be issued within ninety (90) days after the date of selection of the arbitrator or within such period as the parties may otherwise mutually agree; and (4) except as otherwise expressly stated in these Terms, the arbitrator shall have the authority only to award equitable relief and direct, actual damages, and shall not have the authority to award punitive or consequential damages (including, but not limited to lost profits, special, indirect, incidental, or compensatory damages). Notwithstanding anything to the contrary in these Terms, the arbitrator shall have the authority to award liquidated damages and legal fees and costs and any remedy provided in these Terms in favor of E-Startup in situations where a user of the Website has acted fraudulently or willfully (such as by registering a legal entity under a third party name without the third party’s consent), or where a Customer requests a chargeback without sufficient justification as determined by E-Startup at E-Startup’s sole discretion or after E-Startup has paid any third party or governmental entity any funds in connection with the order associated with the chargeback. Each party shall be responsible for an equal sharing of the fees, expenses and costs incurred by the arbitrator, and each party shall be responsible for their own costs and any fees of counsel they incur unless stated otherwise in these Terms. The decision of the arbitrator shall be final and binding and may not be appealed.
These Terms and any action related thereto are governed by the law of the State of Wyoming, and the federal law of the United States of America, without regard to or application of any conflicts of laws provisions or principles, and without regard of the location or nationality of a Customer. Any dispute between us or arising out of these Terms, the Privacy Policy, the Services, or their performance, shall be determined by one arbitrator in binding arbitration as specified above. The language of the arbitration shall be English.
To accommodate parties and witnesses that may be distant from each other, each hearing shall be conducted and all testimony shall be entered by audio conference or video conference. The award of the arbitrator shall be final and binding on the parties, and may be entered and enforced in any court or other tribunal of competent jurisdiction.
Should the arbitrator determine that the dispute is not arbitrable, Customer and E-Startup consent to the exclusive jurisdiction and venue of the state and federal courts located in Wyoming, U.S.A.
Notwithstanding anything to the contrary in these Terms, Infile can, at its sole discretion, choose not to arbitrate a dispute and can choose to file suit in any state or federal court located in Houston, Texas. In such a case, Customer and E-Startup consent to the exclusive jurisdiction and venue of the state and federal courts located in Houston, Texas.
Severability. If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be illegal, void, or unenforceable, the provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the parties with respect to the provisions within the context of the overall Terms. If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms will not be affected.
Entire Agreement. These Terms constitute the entire, complete and exclusive agreement between you and us regarding the Services, and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms. You acknowledge that you have had the opportunity to review these Terms and our Privacy Policy with counsel / attorney of your choice.
No Informal Waivers, Agreements or Representations. Any failure to act with respect to a breach of these Terms by one party does not waive the other party’s right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Terms, no representations, statements, consents, waivers or other acts or omissions by either party or its affiliates shall be deemed legally binding unless expressly and specifically documented in a writing that refers to the Terms and states expressly the intent to modify or supplement the Terms.
Assignment and Delegation. You may not assign or delegate any rights or obligations under the Terms without the prior written permission of E-Startup. Any purported assignment and delegation by you will be ineffective. We may freely assign or delegate some or all of our rights and obligations under the Terms and Privacy Policy, effective on sending a notice to you at the email address we have for you, or if we have no email address for you, by posting a notice of assignment on the Website.
Support@e-startup.co
Contact: + 1 307 274 3677
Terms and Conditions Privacy Policy
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E-Startup is a technology based service platform. We are not an Attorney law firm and we also do not act as legal advisor to our client and do NOT provide legal advice. Also, the information you provide to E-Startup is NOT protected by attorney-client privilege. By using our website and service, you are explicitly accepting our Terms of Service and Privacy Policy.
E-Startup products & services available to all customers & might be restricted to a group of people and all the services are subject to Terms & Conditions of the website & the user must read it from time to time and be updated with the T&C all the time.