These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.
StartItUp.hk provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license StartItUp software. StartItUp hosts its software as a backend service for customers when they create their own documents. The Site includes general information on commonly encountered legal issues. The StartItUp Services also include a review of your answers for completeness, spelling, and for internal consistency of names, addresses and the like. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. StartItUp is not a law firm and may not perform services performed by an attorney. StartItUp and its Services are not substitutes for the advice of an attorney.
StartItUp strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, StartItUp cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind StartItUp provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
From time to time, StartItUp may perform certain attorney access services and introduce our visitors to attorneys through various methods, including but not limited to (i) legal plans, (ii) third party attorney directory listings, and (iii) third party limited scope agreements. At no time is an attorney-client relationship fostered or created with StartItUp through the performance of any such services.
This Site and Applications are not intended to create any attorney-client relationship, and your use of StartItUp does not and will not create an attorney-client relationship between you and StartItUp. Instead, you are and will be representing yourself in any legal matter you undertake through StartItUp’s legal document service.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify StartItUp immediately of any unauthorized use of your account, user name or password. StartItUp shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by StartItUp, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
2. Ownership. This Site and Applications are owned and operated by Hong Kong Commons, Ltd. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by StartItUp or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by StartItUp, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of StartItUp’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. StartItUp does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by StartItUp. Any rights not expressly granted herein are reserved by StartItUp.
4. Links to Third Party Sites. This Site and Applications may contain links to websites controlled by parties other than StartItUp (each a “Third Party Site”). StartItUp works with a number of partners and affiliates whose sites are linked with StartItUp. StartItUp may also provide links to other citations or resources with whom it is not affiliated. StartItUp is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. StartItUp makes no guarantees about the content or quality of the products or services provided by such sites. StartItUp is not responsible for webcasting or any other form of transmission received from any Third Party Site. StartItUp is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by StartItUp of the Third Party Site, nor does it imply that StartItUp sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that StartItUp is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
5. DISPUTE RESOLUTION BY BINDING ARBITRATION
Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Care Center at (852) 3563 9215. In the unlikely event that the StartItUp Customer Care Center is unable to resolve your complaint to your satisfaction (or if StartItUp has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or in small claims court rather than in a court of general jurisdiction. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than a court does, and is subject to very limited review by courts. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted.
Under certain circumstances (as explained below), StartItUp will pay you more than the amount of the arbitrator’s award and will pay your attorney (if any) his or her reasonable attorney’s fees if the arbitrator awards you an amount greater than what StartItUp offered you to settle the dispute.
You may speak with independent counsel before using this Site or completing any purchase.
7. No warranty. The site, applications, and all materials, documents or forms provided on or through your use of the site or applications are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, startitup expressly disclaims all warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.
Startitup makes no warranty that: (a) the site, applications, or the materials will meet your requirements; (b) the site, applications, or the materials will be available on an uninterrupted, timely, secure or error-free basis; (c) the results that may be obtained from the use of the site, applications, or any materials offered through the site or applications, will be accurate or reliable; or (d) the quality of any products, services, information or other material purchased or obtained by you through the site, applications, or in reliance on the materials will meet your expectations.
Obtaining any materials through the use of the site or applications is done at your own discretion and at your own risk. Startitup shall have no responsibility for any damage to your computer system or loss of data that results from the download of any content, materials, information or software.
Notwithstanding the above, Startitup offers a 60 day satisfaction guarantee, the terms of which are available here.
8. Limitation of liability and indemnification. Except as prohibited by law, you will hold Startitup and its officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, 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), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from this agreement and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if startitup has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of startitup, it will be limited to the amount paid for the products and/or services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
9. Compliance with Intellectual Property Laws. When accessing StartItUp or using the StartItUp legal document preparation Service, you agree to obey the law and you agree to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright, trademark and other intellectual property ownership. You agree not to upload, download, display, perform, transmit or otherwise distribute any information or content in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any content you provide or transmit or that is provided or transmitted using your StartItUp user account.
StartItUp has adopted a policy that provides for the immediate removal of any content, article or materials that have infringed on the rights of StartItUp or of a third party or that violate intellectual property rights generally. StartItUp’s policy is to remove such infringing content or materials and investigate such allegations immediately.
Notice. StartItUp has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. The Company has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed the rights of the Company or of a third party, or otherwise violated any intellectual laws or regulations. The Company’s policy is to act expeditiously upon receipt of proper notification of claimed copyright infringement to remove or disable access to the allegedly infringing content. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want the Company to delete, edit, or disable the material in question, you must provide the Company with the following information in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the Company to contact you, such as an address, telephone number, and, if available, email address; (5) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above written information must be sent to our registered Copyright Agent:
c/o Hong Kong Commons
25th Floor, Workington Tower
78 Bonham Strand Sheung Wan, Hong Kong
Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a written counter-notice containing the following information to the Copyright Agent: (1) Your physical or electronic signature; (2) Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled; (3) A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and (4) Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, Texas, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company’s sole discretion.
11. Personal Use. The site is made available for your personal use on your own behalf.
12. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
13. Copyrights. All Site design, text, graphics, the selection and arrangement thereof, Copyright ©, Hong Kong Commons, Ltd. ALL RIGHTS RESERVED.
14. Trademarks. StartItUp, StartItUp.hk, the startitup logo, all images and text, and all page headers, custom graphics and button icons are service marks, trademarks and/or trade dress of StartItUp. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
15. Use of Testimonials and Media Endorsements. The media hosts on the Site endorse StartItUp as paid spokespeople in our advertising campaigns.
16. Inquiries. BY USING STARITUP’S SERVICES OR ACCESSING THE STARTITUP SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO STARTITIP VIA THE STARTITUP SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO STARTITIP, AND THAT STARTITUP MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE).
17. Right to Refuse. You acknowledge that StartItUp reserves the right to refuse service to anyone and to cancel user access at any time.
18. Refund Policy. STARTITUP has a NO REFUND policy. All sales are final. There are no refunds.
Updated March 26, 2015