User
Agreement
Welcome
to New Venture Lab! We hope you will enjoy and participate in the
many services found on our site, but before you begin, there are some
important facts which we want you to understand: By using New Venture
Lab (NVL), you are agreeing to be bound by these terms and
conditions. If you don't wish to be bound by what you read below,
don’t use NVL. We may change these terms at any time but will
notify you in advance of any material changes. Your continued use of
NVL means that you accept any new or modified terms and conditions.
So please check back here from time to time.
This
user agreement (“Agreement”) sets forth the legally
binding terms for use of NVL services. By using the NVL web site, you
agree to be bound by this Agreement, whether you are a registered or
non-registered user. You are only authorized to use the services and
web site provided by NVL if you agree to abide by all applicable
provisions of this Agreement. Please read this agreement carefully.
If you do not agree with it, you should leave the NVL web site and
discontinue use of any of the NVL services.
This
Agreement includes NVL’s disclaimer concerning legal and
accounting information, NVL’s copyright policies, NVL’s
privacy policy, and NVL’s policies concerning VentureNetwork
and other user interaction. Additional policies, obligations, and
agreements may be connected to various areas, downloads, or content
provided at other parts of the site.
NVL
may modify this Agreement from time to time and post changes to the
NVL web site. By continuing to use the NVL web site after changes in
this Agreement are made, you agree to be bound to any changes to this
Agreement. You should regularly review the NVL policies to ensure you
are updated on any changes.
Legal
Disclaimer
Not
Legal, Tax, Accounting or Investment Advice
New
Venture Lab provides information about the law designed to educate
and inform the small business owner or owner-to-be of legal issues.
However, the information, forms, and other products offered on this
site are not a substitute for the advice of an attorney. We are not
your attorney. However, each individual faces different legal issues
that do require the specific advice of an attorney. Throughout our
interactions with successful family business owners, we hear over and
over, “I wish I would have consulted a lawyer earlier. It would
have saved me so much time, effort and frustration down the road.”
Because these sentiments from experienced business owners are
consistent with our own experience, we strongly advise that you
consult a competent attorney.
Additionally,
because of the constantly changing state of the law, we are not able
to give you a guarantee that the information contained in our
materials is up to date. We do our best, but suggest you consult an
attorney to be sure.
New
Venture Lab is not a law firm, a CPA firm or an investment advisory
firm and is not engaged in the practice of law, public accounting or
investment management. No information contained herein or obtained
from New Venture Lab should be considered as legal, financial,
investment, accounting or tax advice, nor should it be considered a
substitute for such advice.
Copyright
Policy for Site Content
The
content on this site is protected by U.S. and international copyright
laws and is the property of New Venture Lab (NVL), and/or the
providers of the content under license. By "content" we
mean any information, mode of expression, or other materials and
services found on NVL. This includes the VentureAnalysis,
VentureNetwork, VentureGlossary, VentureResources, VentureProfiles,
and any and all other features found on the site.
You
may make one copy of the content you find on this site for your
personal, non-commercial use, provided that any material copied
remains intact and includes the following notice: "Copyright ©
New Venture Lab. All rights reserved." Any other copying,
distribution, storing, or transmission of any kind, or any sort of
commercial use of NVL content is prohibited without our prior written
permission.
The
compilation of all content on this site is the property of NVL . For
personal use only, you may print copies of information, store such
files on your computer, and use hypertext links to reference the
information. Any other use or redistribution is strictly prohibited
unless with the express written permission of NVL . To seek such
permission, you may e-mail us through the website on our Contact Us
web form.
We
reserve the right to change these terms or withdraw any permission at
any time and for any reason.
License
and Site Access
NVL
grants registered users a limited license to access and make personal
use of this site. This license does not include any resale or
commercial use of this site or any of its contents. This site or any
portion of this site may not be reproduced, duplicated, copied, sold,
resold, visited, or otherwise exploited for any commercial purpose
without express written consent of NVL. No one may frame or utilize
framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or
forms) of NVL without express written consent. You may not use any
meta tags or any other "hidden text" utilizing NVL’s
name or trademarks without the express written consent of NVL. Any
unauthorized use terminates the permission or license granted by NVL
and may give rise to liability for copyright or trademark
infringement and other remedies allowed by law. Registered users are
granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of NVL so long as the link does not
portray NVL, its affiliates, or their products or services in a
false, misleading, derogatory, or otherwise offensive matter. You may
not use any NVL logo or other proprietary graphic or trademark as
part of the link without express written permission.
Copyright
Policy for Downloads
All
downloads and forms are the property of NVL. NVL grants download
purchasers a limited license to use the download for the personal and
business purposes of the purchaser. This license does not allow
resale or commercial use of these downloads. These downloads may not
be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any commercial purpose without express written consent
of NVL.
Copyright
Policy for Submissions to New Venture Lab
Please
note that, notwithstanding the foregoing, content submitted or posted
on the NVL website (such as a guest blog or other presentation) does
not result in a surrender of the intellectual property rights of the
owner, except that NVL has an unlimited license to republish anything
posted on the NVL web site. Aside from that, owners retain the right
to use their intellectual property in any legal manner. Anything
published or submitted by guests, members, vendors, service providers
or others on the NVL website is subject to republication by NVL
unless NVL has expressly agreed otherwise. NVL will exercise
reasonable care to publish works in context and to properly credit
owners of content submitted.
Privacy
Policy
Effective
Date: This policy was last updated on June 30, 2007.
This
page explains how New Venture Lab (NVL) handles information received
about users who visit this site or who contact NVL by mail, phone, or
e-mail.
All
Users
NVL
automatically collects and stores: the name of the domain and host
from which users access the internet; the internet protocol (IP)
addresses of users’ computers; browser software and operating
system data of users; dates and times users access the site; and the
internet addresses of the sites which link users directly to this
site. NVL uses this information only as anonymous collective data to
determine the number of visitors to different pages of the site, to
ensure everything is working properly, and to help make this site
more useful.
NVL
may share with third parties certain pieces of aggregated,
non-personal information. Such information does not identify users
individually.
Registered
Users
If
users choose to register or otherwise identify themselves when they
call, write, e-mail, or use the secure online forms of NVL, NVL
collects additional personal information that users provide, such as
name, street address, e-mail address, phone number, billing
information, and any other information users provide that can be
reasonably linked to such information. Without prior notice, NVL may
provide this information to a person outside NVL who provides support
for the internal operations of the web site and who does not disclose
or use that information for any other purpose (e.g. employees,
lawyers, auditors, computer service companies, etc.). NVL may use
personal information where it is used to render or conduct a business
activity related to the business of NVL (for example, the use of an
e-mail address to respond to an e-mail communication).
Registered users will automatically be added to NVL's email updates, which are emailed periodically to NVL members. Members may opt out at any time of these e-newsletters by simply clicking on the Unsubscribe link in each e-newsletter issue.
If
registered users forget their username or password, NVL will use
personal information to identify registered users in order to remind
registered users of their username and password. Registered users are
responsible for keeping this personal information confidential so
that others cannot login and get personal information. For example,
if a registered user must answer a secret question or provide
personal information to get their username and password, the
registered user is responsible for keeping that information
confidential to prevent unauthorized use of their account.
Registered
users may change any of their personal information by logging-in and
updating their personal information. This is the process by which
registered users may review and make changes to the personally
identifiable information that has been collected about them. NVL
offers registered users the ability to have inaccuracies corrected in
contact information, financial information, and unique identifiers.
Registered users can have this information corrected by visiting
their account page.
Information
Shared with Third-Parties
NVL
will not allow any third party to attach a persistent cookie as a
means of developing a personal profile of a user unless NVL first
clearly discloses such practice in this privacy policy and provides
the user the opportunity to opt-in prior to allowing the third-party
to attach the persistent cookie. A "cookie" is a small text
file that a Web site can place on a computer's hard drive in order,
for example, to collect information about activities on the site or
to make it possible for users to use an online "shopping cart"
to keep track of items users wish to purchase. The cookie transmits
this information back to the Web site's computer which, generally
speaking, is the only computer that can read it. Many consumers do
not know that "cookies" are being placed on their computers
when they visit Web sites. If users want to know when this happens,
or to prevent it from happening, users can set their browsers to warn
them when a Web site attempts to place a "cookie" on their
computer.
Other
than to those who provide support for the internal operations of the
web site (described above), NVL will never disclose non-sensitive
personal information to a third party or use it for a purpose other
than its original purpose or the purpose authorized subsequently by
the registered user without notifying the registered user and
allowing them a reasonable opportunity to opt-out.
Other
than to those who provide support for the internal operations of the
web site (described above), NVL will never disclose sensitive
personal information to a third party or use it for a purpose other
than its original purpose or the purpose authorized subsequently by
the registered user without the affirmative or explicit (opt-in)
choice of the registered user.
Should
NVL ever sell, share, or transfer personal information to an external
company or third party, NVL will provide a description on this page
of those specific types of personal information collected for that
purpose.
Transactional
information with the personal information of the user removed may be
sold in whole or part without the affirmative permission of such
user.
Reasonable
Disclosures
NVL
reserves the right to disclose personal information in response to a
subpoena or search warrant, to protect the security or integrity of a
web site, to take precautions against liability, and to disclose to
law enforcement agencies on matters involving public safety or
national security. NVL has the right to collect, use, or disseminate
such information to the extent required under law.
Security
NVL
takes reasonable precautions to protect personal information from
loss, misuse and unauthorized access, disclosure, alteration and
destruction. NVL provides reasonable security to protect personal
information during its transmission and while it is in our
possession. NVL uses secure socket layer (SSL) encryption to protect
the transmission of the information users submit when using secure
online forms. The information provided to NVL is stored securely.
E-mail that is sent is not necessarily secure against interception.
If a communication includes sensitive information like a user’s
Social Security number, bank account number, or credit or charge card
numbers, users should contact NVL through one of NVL’s secure
online forms or by mail or telephone.
Other
Notes
Should
NVL make any material changes to this privacy policy, registered
users will be notified by e-mail. NVL cannot notify non-registered
users of changes, so all non-registered users should check this page
regularly to determine if material changes have been made to the
privacy policy. Continued use of this web site constitutes agreement
with this privacy policy.
This
web site may link to sites and documents located on sites maintained
by other persons and organizations. Once users access another site,
they are subject to the privacy policy of that site.
Contact
NVL:
This
web site is owned and operated by New Venture Lab.
If
you have technical problems with the operation of this site, please
report them to our Webmaster using our Contact Us web form.
If
you have questions or complaints regarding our privacy policy or use
of your information, please contact us by using our Contact Us web
form.
VentureNetwork
and Other User Interaction
Governance
Your
use of the NVL web site is governed by this user agreement and other
policies and agreements located throughout the site. NVL may refuse
service without prior notice to any member for any or no reason.
You
agree that NVL may, with or without cause, immediately terminate your
account and access to the service without prior notice. Without
limiting the foregoing, the following will lead to a termination by
NVL of a registered user’s use of the service:
(a)
breaches or violations of this Terms of Service or other incorporated
agreements or guidelines, (b) requests by law enforcement or other
government agencies, (c) a request by you (self-initiated account
deletions), (d) unexpected technical issues or problems, and (e)
extended periods of inactivity. Termination of your account includes
(a) removal of access to all offerings within the service, (b)
deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof),
and (c) barring further use of the service. Further, you agree that
all terminations shall be made in the Lab's sole discretion and that
the Lab shall not be liable to you or any third-party for any
termination of your account or access to the service.
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.
Conduct
NVL
seeks to promote interaction and networking among users. All we ask
is that all is done in a lawful and civil manner - be it posting a
profile, submitting a guest blog, or submitting anything else to the
site. You agree to use the Lab for lawful purposes only.
You
may not use or allow others to use the web site to:
Post
or transmit any content that is unlawful, abusive, vulgar, obscene,
lewd, violent, hateful, fraudulent, threatening, harassing,
defamatory, which discloses private or personal matters concerning
any person, or any otherwise objectionable subject matter.
Post
or transmit personal correspondence or email communications without
the author’s permission.
Post
or transmit any material that you don't have the right to transmit
under law or under contractual or fiduciary
relationships (such as insider information, or proprietary and
confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements).
Post,
transmit, or link to sexually explicit material.
Impersonate
any person, or falsely state or otherwise misrepresent your
affiliation with a person or entity, past or present.
Post
or transmit any advertising, promotional materials, or other forms
of solicitation that constitutes chain letters and pyramid schemes.
Intentionally
violate any other applicable law or regulation while accessing and
using our site, including but not limited to
conspiring to violate laws.
Upload,
post, email, transmit or otherwise make available any content or
initiate communication that infringes upon patents, trademarks,
trade secrets, copyrights or other proprietary rights .
Post
or transmit any file that contains viruses, corrupted files, "Trojan
Horses," or any other contaminating or destructive features
that may damage someone else's computer.
Post
or transmit any material that constitutes legal advice.
Interfere
with or disrupt the web site or servers or networks connected to the
web site, or disobey any requirements, procedures, policies or
regulations of networks connected to the NVL web site.
The
above list is illustrative, not exhaustive.
Site
Identity
You
are responsible for all statements made and acts that occur through
the use of your login and password. Please don't disclose your
password to anyone. If it has been lost or stolen, change it
immediately. You are responsible for maintaining the confidentiality
of your password and account, and are fully responsible for all
activities that occur under your password or account with or without
your knowledge. If you knowingly provide your login and password
information to another person, your account privileges may be
suspended temporarily or terminated. You agree to immediately notify
NVL of any unauthorized use of your password or account or any other
breach of security. NVL cannot and will not be liable for any loss or
damage arising from your failure to comply with this section.
Monitoring
and Enforcement
NVL
may, at any time, without prior notice, at our sole discretion, for
any reason, and without liability, remove any profile, blog, or any
other kind of post (public or private) or terminate your ability to
access the NVL site for violating the above provisions. You agree to
indemnify NVL and hold it harmless from any actions, claims,
proceedings, or liabilities arising out of your violation of these
terms and conditions.
While
we have the right to monitor activity and content associated with the
web site, we are not obligated to do so. And since we do not, and may
not have the ability to, control or actively monitor content we do
not guarantee its accuracy, integrity or quality, or appropriateness
of content. Because community standards vary and individuals
sometimes choose not to comply with our policies and practices, in
the process of using our website, you may be exposed to content that
you find offensive or objectionable. You can and should contact NVL
to let us know of content that you find objectionable. We may
investigate the complaints and violations of our policies that come
to our attention and may take any action that we believe is
appropriate, including, but not limited to issuing warnings, removing
the content or terminating accounts and/or subscriptions. However,
because situations and interpretations vary, we also reserve the
right not to take any action. Please remember that you can always
choose to refrain from using any part of the web site that may expose
you to something with which you are uncomfortable. Under no
circumstances will we be liable in any way for any content,
including, but not limited to, any errors or omissions in any
content, or any loss or damage of any kind incurred as a result of
the use of, access to, or denial of access to any content on the
website.
NVL
Does Not Endorse Users
The
presence of any person on the VentureNetwork does not constitute an
endorsement of that person. NVL reserves the right to remove anyone
from the network for any reason we, in our sole discretion, deem
sufficient. However, the removal of anyone from the VentureNetwork
does not mean that we assume any sort of obligation to police the
network. You alone are responsible for your own interactions with
other members of the network.
Information
Provided on this Website
In
the course of using the web site, users may provide information about
themselves that may be visible to certain other members (see our
Privacy Policy to learn more about information collected on this
website). You understand that all information publicly posted or
privately transmitted through the web site is the sole responsibility
of the person from which such content originated and that NVL will
not be liable for any errors or omissions in any content. You
understand that we cannot guarantee the authenticity of data that has
not been previously confirmed and transferred to NVL. In addition,
registered users may provide information about themselves or describe
relationships that are inaccurate.
The
web site also provides job content posted by members themselves,
employers, recruiters and third-party job aggregators. You understand
that NVL will not be liable for any errors and omissions in any job
content.
Final
Provisions
Communications
In
the course of providing you services, NVL may need to communicate
with you via e-mail (see our Privacy Policy to learn more about
communications). You agree to receive emails that are specific to
your account and necessary for the normal functioning of the web
site. You also agree to have your name, and/or e-mail address listed
in the header of certain communications that you initiate through the
web site.
Term
This
agreement will remain in effect despite voluntary or involuntary
termination of your membership.
Fees
NVL
reserves the right to charge for services and to change its fees from
time to time in its discretion. If a user breaches this agreement,
the user shall not be entitled to any refund.
Indemnification
By
accepting this Agreement, you agree to indemnify and otherwise hold
harmless New Venture Lab, its officers, employees, agents,
subsidiaries, affiliates and other partners from any direct,
indirect, incidental, special, consequential or exemplary damages
resulting from i) your use of the web site; ii) unauthorized access
to or alteration of your communications with or through the web site,
or iii) any other matter relating to the web site. Any business
transactions that may arise between users from their use of the web
site are the sole responsibility of the members involved.
Disclaimer
of Warranties
YOU
UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS AND THAT NEW VENTURE LAB DOES NOT
ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION
OF ANY MEMBER INFORMATION OR COMMUNICATIONS BETWEEN USERS. NEW
VENTURE LAB ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE
OF ANY COMMUNICATIONS BETWEEN USERS. NEW VENTURE LAB EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
NEW
VENTURE LAB MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR
REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF
ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR
OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY
MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB
SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
NEW VENTURE LAB, OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE
LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
Entire
Agreement
The
Terms of Service constitutes the entire agreement between you and New
Venture Labs and governs your use of the web site, superseding any
prior agreements, whether written or oral between you and New Venture
Lab.
Limitation
of Liability
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT NEW VENTURE LAB SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
NEW VENTURE LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN
NO EVENT WILL THE SERVICE PROVIDERS OR OPERATORS TOTAL CUMULATIVE
DAMAGES EXCEED US$ 100.
Governing
Law
If
any provision in this Agreement is invalid or unenforceable for
whatever reason, that provision is deemed severable from this
agreement, and the remaining provisions will continue in full force
and effect. The failure of NVL to exercise or enforce any right or
provision of this Agreement shall not operate as a waiver of such
right or provision. This Agreement is and always will be governed by
the laws of the United States of America and the State of Texas
(except with respect to choice of law). You agree that the proper
forum for any claim arising under this Agreement or otherwise related
to the New Venture Lab web site will be the U.S. Court for the
Western District of Texas or the appropriate Texas state court and
you hereby irrevocably consent to the exclusive jurisdiction and
venue of such courts.
General
Information
New
Venture Lab, the New Venture Lab logo, and other NVL logos and names
are trademarks of New Venture Lab. You agree not to display or use
these trademarks in any manner without New Venture Lab’s prior,
written permission. The section titles of this Agreement are
displayed for convenience only and have no legal effect. Please send
any questions or comments, or report violations of the Agreement to
us using our Contact Us web form.
I
HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED
ABOVE.