Effective as of: 02/02/2011

Welcome
Welcome to UpStart BootCamp. These Terms and Conditions (“Terms of Use”) apply to all free and fee-based offerings available at www.upstartbootcamp.com (“site”), including but not limited to courses, coaching products and/or services, books, downloads, vendor referrals, links, advice, templates and tools (“products and products and/or services”). Certain products and products and/or services may be subject to additional terms and conditions (collectively “Additional Terms”) as may be set forth in these Terms of Use and your use of such Products and/or services constitutes your agreement to all applicable Additional Terms and such Additional Terms are hereby incorporated by reference into these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY ACCESSING OR USING THE SITE OR THE PRODUCTS OR PRODUCTS AND/OR SERVICES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH UPSTART BOOTCAMP, THE TERMS OF WHICH GOVERN YOUR USE OF THE SITE. ACCORDINGLY, BY YOUR ACCESS OR USE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SITE OR THE PRODUCTS AND/OR SERVICES.

Modifications to Terms of Use
UpStart BootCamp reserves the right to change or modify any of the terms and conditions contained in the Terms of Use or any Additional Terms of the Site, at any time and in its sole discretion. If UpStart BootCamp changes or modifies these Terms of Use, UpStart BootCamp will post the changes to these Terms of Use on the Site and will indicate at the top of this page the date these Terms of Use were last revised. Any changes or modifications will be effective immediately upon posting of the revisions to the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of any of the Site or the Products and/or services following the posting of changes or modifications will constitute and confirm your agreement to and acceptance of such changes or modifications. It is your responsibility to regularly check this Site to determine if there have been changes to these Terms of Use and to review such changes. If you do not agree to the amended terms, you must stop using the Site and the Products and/or services.

Privacy
When using or purchasing UpStart BootCamp products and / or services, you may share various types of information (“personal data”), including but not limited to: name, email address, mailing address, business plans, new business ideas, corporate strategy, marketing strategy, team structure, elevator pitches, financial projections, and implementation plans. UpStart BootCamp will not sell, rent or give away any personal data you submit, and will hold such personal data in strict confidence other than as required by law. Occasionally, we may use your personal data to recommend additional products or services we think you will find useful. Any personal information submitted in connection with your use of the Site is subject to our Privacy Policy, the terms of which are incorporated into the Terms. Please review our Privacy Policy to understand our practices.

Copyright and Limited License from UpStart BootCamp
Unless otherwise indicated in the Site, the Site, the products and/or services and all content and other materials on the Site including, without limitation, UpStart BootCamp logo, and all designs, text, graphics, pictures, information, frameworks, data, software, routines, documentation, technology, sound files, other files, and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of UpStart BootCamp or its licensors or users and are protected by U.S. and international copyright and other laws. You are granted a limited license, without the right to sublicense, to access and use the Site and the Products and/or services, and to print hard copy portions of the Site Materials, for your educational, non-commercial and personal use only. Such license is subject to these Terms of Use, the applicable Additional Terms, if any, and any other applicable terms and conditions, and without limiting any of the foregoing, you expressly agree not to:
(a) resell, lease, transfer, lend, timeshare, syndicate or commercially use of the Site, Site Materials or the Products and/or services;
(b) decompile, reverse engineer, disassemble or otherwise attempt to derive any source code from the Site, or the Site Materials or the Products and/or services;
(c) distribute, publicly perform or public display the Site, the Site Materials or the Products and/or services;
(d) modify, adapt, translate, or create any derivative works of the Site, the Site Materials, the Products and/or services or any portion thereof;
(e) use any data mining, crawlers, spiders, robots or similar data gathering or extraction methods;
(f) download, index or in any non-transitory manner store or cache any portion of the Site, the Site Materials, the Products and/or services or any information contained therein, except as expressly permitted on the Site;
(g) remove, deface, obscure, or alter any copyright, trademark or other proprietary rights notices affixed to or provided in connection with the Site, the Site Materials or any Products and/or services;
(h) create or attempt to create a substitute or similar service or product through the use of or access to the Site, the Products and/or services or any proprietary information related thereto; or
(i) use the Site, the Site Materials or the Products and/or services other than for its intended purpose.
Any use or attempted use of the Site, the Site Materials or the Products and/or services other than as specifically authorized herein, without the express prior written permission of UpStart BootCamp or its licensors or users, is strictly prohibited and will, among other things, terminate the license granted herein. Such unauthorized use or attempted use may also violate applicable laws, including without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as explicitly stated herein, nothing in these Terms of Use or any applicable Additional Terms shall be construed as conferring any license to any intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time, in UpStart BootCamp’s sole discretion.

Hyperlinks
UpStart BootCamp makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party Web Site accessible by hyperlink from the Site, or Web Site linking to the Site. Such Site are not under the control of UpStart BootCamp and UpStart BootCamp is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such Site. UpStart BootCamp provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by UpStart BootCamp of any site or any information contained therein. When you leave the Site, these Terms of Use will no longer govern your Internet browser session.

Third Party Content and Applications
In addition to official pages on the Site containing the content of UpStart BootCamp in support of UpStart BootCamp’s mission or related administrative business, our Site may include third party content on the Site and may provide links to Web pages and content of third parties (collectively the “Third Party Content”) as a service to those interested in this information, including content and views of various individuals such as students, faculty, alumni or members of the public. The views expressed in such Third Party Content should not be construed as representing the views of UpStart BootCamp. In addition, the Site may include certain applications, features, programs and products and/or services provided by third parties (the “Third Party Applications”). UpStart BootCamp does not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. UpStart BootCamp is not responsible or liable in any manner for any Third Party Content or Third Party Applications, or for any loss, liability, harm or damages of any sort incurred as the result of your use thereof or access thereto, and makes no representations or warranties in connection with any Third Party Content or Third Party Applications, which at all times and in each instance is provided “as is.” Third Party Applications may be subject to additional terms and conditions or agreements between you and the provider of such Third Party Applications as may be provided to you in connection therewith, and you agree to fully comply with all such additional terms, conditions and agreements. Users use such Third Party Content and Third Party Applications at their own risk.

Third Party Products, Products and/or services, Advertisements and Promotions
UpStart BootCamp may provide information about or links to third party products or products and/or services on the Site or may run third party advertisements or promotions on the Site. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. UpStart BootCamp is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of such non-University advertisers or third party information on the Site.

User Content and Conduct
The Site or the Products and/or services may include public or restricted access discussion forums, or other interactive areas or products and/or services (“Interactive Areas”), including chat rooms or message boards, online hosting or storage products and/or services, or other areas or products and/or services in which you or other users create, post or store any content, messages, materials, data, information, text, music, sound, photos, video, graphics, code or other items or materials on the Site (“User Content”). Interactive Areas are provided “as is”. You are solely responsible for your use of such Interactive Areas and use them at your own risk.

If you post User Content, you agree that your User Content will be accessible and viewed by others. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Site any of the following:
(a) User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or the NASDAQ;
(c) User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any User Content, you represent and warrant that you have the lawful right to distribute and reproduce such User Content;
(d) User Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
(e) Any unauthorized commercial use such as, but not limited to, enganging in unsolicited promotions, political campaigning, advertising, or solicitations, hyperlinking off of the Site, or collecting names and emails addresses for the purpose of sending unsolicited emails;
(f) Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
(g) Viruses, corrupted data or other harmful, disruptive or destructive files; and
(h) User Content that, in the sole judgment of UpStart BootCamp, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose UpStart BootCamp or its users to any harm or liability of any type.
This list of prohibitions provides examples and is not complete or exclusive.

Representations; Registration Data; Account Security
In consideration of your use of any of the Site and the Products and/or services, you represent you are of legal age to form a binding contract. In consideration of your use of any of the Site and Products and/or services, you agree to:
(a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”);
(b) maintain and be solely responsible for the security of your password and identification;
(c) maintain and promptly update the Registration Data, and any other information you provide to UpStart BootCamp, to keep it accurate, current and complete; and
(d) accept all risks of unauthorized access to the Registration Data and any other information you provide to UpStart BootCamp.
You acknowledge and agree that, except for User Content submitted in an Interactive Area, any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, images or other information regarding the Site, the Products and/or services or UpStart BootCamp provided by you by participating in surveys hosted by UpStart BootCamp, or any third party vendors, on the Site or related to the Site, in the form of email, or any other submissions to UpStart BootCamp, or any postings on the Site, are non-confidential and shall be the sole property of UpStart BootCamp, and that upon submission of such materials to UpStart BootCamp you thereby assign without additional consideration all right, title or interest you may hold in such materials to UpStart BootCamp. UpStart BootCamp shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

Indemnification
You agree to defend, indemnify and hold harmless UpStart BootCamp, their affiliated entities, independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your use of the Site, the Products and/or services and any User Content you post, store or otherwise transmit on or through the Site, the Products and/or services or your use of the Interactive Areas, including without limitation, any actual or threatened suit, demand or claim made against UpStart BootCamp and/or their affiliated entities, independent contractors, licensors, service providers, employees, directors or consultants.

Disclaimer
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY UPSTART BOOTCAMP, THE SITE, THE SITE MATERIALS CONTAINED THEREIN, THE PRODUCTS AND/OR SERVICES, AND ALL CONTENT MADE AVAILABLE ON, CONTAINED IN, OR ACCESSED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. UPSTART BOOTCAMP DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT AND MATERIALS IN THE SITE. UPSTART BOOTCAMP DOES NOT REPRESENT OR WARRANT THAT THE CONTENT AND MATERIALS ON THE SITE OR THE PRODUCTS AND/OR SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. UPSTART BOOTCAMP DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THEIR HOST SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WHILE UPSTART BOOTCAMP ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE AND THE PRODUCTS AND/OR SERVICES SAFE, UPSTART BOOTCAMP CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR THE PRODUCTS AND/OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

Limitation of Liability
IN NO EVENT SHALL UPSTART BOOTCAMP, THEIR DIRECTORS, AFFILIATES, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE PRODUCTS AND/OR SERVICES, THE INTERACTIVE AREAS, OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OR ADVICE OBTAINED FROM UPSTART BOOTCAMP, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO UPSTART BOOTCAMP’S RECORDS, PROGRAMS OR PRODUCTS AND/OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF UPSTART BOOTCAMP, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO UPSTART BOOTCAMP FOR ACCESS TO OR USE OF THE SITE.

Applicable Law and Venue
These Terms of Use and your use of the Site and the Products and/or services (except as otherwise may be provided with respect to Third Party Applications) shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without resort to its conflict of law provisions.

Termination
Notwithstanding any of these Terms of Use, UpStart BootCamp reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, the Products and/or services or any portion thereof, and to block or prevent future your access to and use of the Site or any of the Products and/or services.

Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information
Questions or comments about the Site can be submitted to feedback@upstartbootcamp.com.