Terms, Conditions and Notices as of May 28, 2010
Any rights not expressly granted herein are reserved by Wicked Start.
Wicked Start may from time to time enter into affiliate relationships with third-party providers of products and services whereby the Company may earn revenue from third parties by making recommendations to users of the Website for products and services provided by other companies. You acknowledge that Wicked Start shall be making these recommendations solely for informational purposes, and the Company shall have no liability whatsoever related to your decision to use, or not to use, any of these recommended products or services.
This site is created and controlled by Wicked Start LLC in the State of New York, USA. As such, the laws of the State of New York will govern these notices, terms, and conditions, without giving effect to any principles of conflicts of laws.
You can discontinue your service with Wicked Start at any time by logging on to your Wicked Start account and canceling the service online.
The subscription period is month to month and there is no fee to cancel your subscription.
We will not refund a prorated portion of a current month's subscription fee once it has been processed;
however, you can avoid paying for an additional month of service by cancelling prior to the commencement of any monthly term.
Upon cancellation, at the end of the then-current monthly billing cycle, you will no longer have access to your Wicked Start account,
all uploaded documents will be deleted, and all message links will be broken.
If you wish to reactivate your account within the first 90 days after cancellation, all of the information that was in your account when you cancelled becomes available again. After 90 days we cannot guarantee that the information will remain on our systems. For this reason we recommend exporting or saving any desired information before completing the account cancellation.
Website, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of Wicked Start, are the property of Wicked Start and are protected by United States and international copyright laws. NO PORTION OF THIS WEBSITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY WICKED START IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of Wicked Start and is protected by United States and international copyright laws. All software used on this site is the property of Wicked Start or its software suppliers and is protected by United States and international copyright laws. The images used on this Website are the property of their respective copyright owners, and are used by Wicked Start pursuant to express authorization from the copyright owners or their agents. Any other use, including, the reproduction, modification, distribution, transmission, republication or display of the content, images and software on this Website is strictly prohibited.
Wicked Start, pursuant to 17 U.S.C. Section 512 as amended by Title II of
the Digital Millennium Copyright Act (the "Act"), reserves the right, but
not the obligation, to terminate your license to use this Website if it
determines in its sole and absolute discretion that you are involved in
infringing activity, including alleged acts of first-time or repeat
infringement, regardless of whether the material or activity is ultimately
determined to be infringing. Wicked Start accommodates and does not
interfere with standard technical measures used by copyright owners to
protect their materials. In addition, pursuant to
17 U.S.C. Section 512(c), Wicked Start has implemented procedures for
receiving written notification of claimed infringements and for
processing such claims in accordance with the Act. All claims of
infringement must be submitted to Wicked Start in a written complaint
that complies with the requirements below and is delivered to our
designated agent to receive notification of claimed infringement:Contact us
by email: Info@wickedstart.com
In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information:A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed.
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. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials.
Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material.
Information reasonably sufficient to permit Wicked Start to contact you, such as your address, telephone number, and/or electronic mail address.
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 or other proprietary right owner, its agent, or the law.
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 or on behalf of the person defamed.
Copyright © 2012 Wicked Start, L.L.C. All rights reserved.
CUSTOMER SERVICE CONTACT INFORMATION
If you have any questions or comments regarding the Website or
Wicked Start membership, any technical difficulties or problems,
or any other issues related to the Company, our customer service department
can be reached from [9am-5pm EST, Monday-Friday,] at the following number:
Our mailing address is:
Wicked Start LLC
4 Boulder Lane,
East Hampton, NY 11937
Outside of business hours, or for any questions or comments related to these Terms and Conditions, please send us an email at firstname.lastname@example.org. We will attempt to respond to all emails within [3 business days] of receipt.
Unless otherwise specified, the materials on the Website are presented solely to provide information regarding, and to promote, Wicked Start's services and other products available in the United States, its territories, possessions and protectorates. The Website is controlled and operated by Wicked Start from its offices within the state of New York, United States of America. Wicked Start makes no representation that materials on the Website are appropriate or available for use outside the United States. Individuals from outside the United States may choose to purchase products and services from Wicked Start; however, those who choose to access the Website from outside the United States do so of their own initiative and agree to take full and exclusive responsibility for compliance with local laws, and indemnify and hold Wicked Start blameless and without liability for any violation of foreign laws, criminal or civil, that may arise from the use of the Website outside of the United States, if and to the extent that local laws are applicable. Software from the Website is further subject to United States export controls. No software from the Website may be downloaded or otherwise exported or re-exported (A) into (or to a national or resident of) any other country to which the U.S. has embargoed goods, or (B) to anyone on the U.S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By using the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Any and all materials submitted by you which are directly related to
your business or business idea, which includes but is not limited to
any information you upload to your "MyFiles" account
(the "Business Information") shall be treated as proprietary and
confidential by Wicked Start and shall not be disclosed by Wicked Start
The Company is committed to keeping your Business Information private
and is committed to protecting its confidentiality. Please see our
LIMITATION OF LIABILITY
THIS WEBSITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS,
DOCUMENTS RELATED GRAPHICS AND OTHER MATERIALS PROVIDED HEREIN ARE
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND
RELATED GRAPHICS PUBLISHED ON THIS WEBSITE COULD INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERROR. WICKED START MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS,
OR PRODUCTS INCLUDED ON THIS WEBSITE. TO THE FULLEST EXTENT POSSIBLE BY
APPLICABLE LAW, WICKED START AND ITS AFFILIATES, OFFICERS, DIRECTORS AND
EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD
TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WICKED START DOES NOT
WARRANT THAT THE WEBSITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE
RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES"
OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY
DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES.
IN NO EVENT SHALL WICKED START AND / OR ITS AFFILIATES, OFFICERS,
DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM
LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION
WITH THE USE OR PERFORMANCE OF THIS WEBSITE OR SOFTWARE, DOCUMENTS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE
FROM WICKED START THROUGH THIS WEBSITE.
FURTHERMORE, YOU ACKNOWLEDGE THAT WICKED START IS NOT LIABLE FOR ANY DAMAGES THAT MAY ARISE FROM YOUR USE OF ANY INFORMATION, ADVICE, SUGGESTIONS OR OTHER MATERIALS AVAILABLE ON THE WEBSITE, WHETHER SUCH MATERIALS WERE PROVIDED BY WICKED START OR BY USERS OF THE WEBSITE UNAFFILIATED WITH THE COMPANY. YOU ACKNOWLEDGE THAT YOUR CHOICE TO ADOPT OR REJECT ANY INFORMATION, ADVICE, OR SUGGESTION ON THE WEBSITE IS SOLELY OF YOUR OWN INITIATIVE AND THAT WICKED START SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM ANY DECISIONS YOU MAY MAKE BASED ON INFORMATION, ADVICE, SUGGESTIONS OR OTHER MATERIALS PROVIDED ON THE WEBSITE. FOR THE PURPOSE OF CLARITY, IT SHOULD BE NOTED THAT ANY MESSAGES, COMMENTS, OR SUGGESTIONS THAT YOU CHOOSE TO ADOPT OR REJECT THAT ARE PROVIDED BY USERS OF THE WEBSITE WHO ARE NOT AFFILIATED WITH WICKED START SHALL BE INCLUDED IN THIS EXCLUSION OF LIABILITY.
BY ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT WICKED START MAKES ITS WEBSITE AND ALL OF THE COMPANY'S OTHER PRODUCTS AND SERVICES AVAILABLE TO YOU SOLELY AS INFORMATIONAL TOOLS AND FOR INFORMATIONAL PURPOSES ONLY, AND THAT THE COMPANY MAKES NO GUARANTEES, WARRANTIES OR OTHER ASSURANCES REGARDING THE IMPACT OF THIS INFORMATION ON THE SUCCESS OF YOUR BUSINESS, YOUR BUSINESS IDEA, OR ANY OTHER BUSINESS INITIATIVE FOR WHICH YOU MAY BE SEEKING ASSISTANCE. BY ACCESSING THE WEBSITE, YOU AGREE TO HOLD WICKED START BLAMELESS AND WITHOUT LIABILITY FOR ANY AND ALL DAMAGES OF ANY KIND TO YOU, YOUR BUSINESS, OR ANY OTHER PERSON OR ENTITY THAT MAY ARISE FROM YOUR USE OF WEBSITE CONTENT, ADVICE, INFORMATION, OR ANY OTHER MATERIALS ON THE WEBSITE OR ANY OTHER PRODUCTS OR SERVICES OFFERED BY WICKED START.
Linking to Wicked Start from another website ("Linking Site") is only allowed under the following conditions. A Linking Site may link to, but not replicate, Wicked Start's content without express written authorization from Wicked Start. A Linking Site shall not create a frame, browser or border environment to Wicked Start's content and a Linking Site shall not imply that Wicked Start is endorsing it or its products without express written consent from Wicked Start. The Linking Site shall not misrepresent the Linking Site's relationship with Wicked Start, shall not provide false information about Wicked Start's products or services, and shall not unlawfully use the copyrights or trademarks owned by Wicked Start or others. Linking Sites shall abide by any and all applicable laws.
Wicked Start may contain links to other websites ("Linked Sites"). Linking to such Linked Sites may transfer you from the Website to other unaffiliated sites. Unless otherwise indicated, Wicked Start is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of Wicked Start and Wicked Start is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. Wicked Start is providing these links only as a convenience, and the inclusion of any link does not imply an endorsement by Wicked Start. If you decide to access any of the third party websites linked from this Website, you do so entirely at your own risk.
Wicked Start may choose to provide message boards, bulletin boards, and other communications tools to facilitate communications between Wicked Start and its members (collectively, the "Message Boards"). These Message Boards may also allow for member-to-member communications. By accessing the Website, you acknowledge that Wicked Start makes its Message Boards available solely as informational tools, and that the Company makes no guarantees, warranties or other assurances regarding the impact of the information provided by these Message Boards on the success of your business, your business idea, or any other business initiative for which you may be seeking assistance.
Wicked Start does not sell products for or provide information or services to persons under the age of 18, and persons under the age of 18 are not authorized to use the Website or any other products or services offered by Wicked Start. Wicked Start reserves the right to enforce this policy by refusing service, terminating accounts, removing or editing content, or cancelling orders/ requests in its sole discretion.
"WICKED START," along with all logos, other tradenames, trademarks, services marks, whether registered or not, set forth on this Website are the sole property of Wicked Start, LLC. Wicked Start's trademarks may not be used in connection with any product or service that is not owned by Wicked Start in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Wicked Start. Any trademarks not owned by Wicked Start that appear on this Website are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of Wicked Start or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner.
Wicked Start and its employees, affiliates, officers and directors do not
accept or consider unsolicited ideas related to the Company and its
operations, including but not limited to ideas for new Wicked Start
advertising campaigns, suggestions, new promotions, new products or
technologies, concepts, ideas, notes, processes, materials, marketing plans,
new product names or other materials (collectively, the "Unsolicited Ideas").
Please do not send any original creative artwork, samples, demos, or other
works related to the Company or its operations (collectively, the
"Unsolicited Works", and together with the Unsolicited Ideas, the
"Unsolicited Materials"). The purpose of this policy is to avoid potential
misunderstandings or disputes when Wicked Start's products or
marketing strategies might seem similar to ideas submitted to Wicked Start.
Unless otherwise agreed, Wicked Start may edit, copy, publish, distribute,
translate, and otherwise use in any medium any Unsolicited Materials that
you forward to Wicked Start and will own exclusively all such rights, titles,
and interest and shall not be limited in any way in their use, commercial or
otherwise. Wicked Start is and shall be under no obligation to:
(1) maintain any Unsolicited Materials in confidence or
(2) to pay to you or any user any compensation for any Unsolicited Materials.
Wicked Start may, in its sole discretion and without notice, deny any person,
company, or other legal entity access to this Website or any portion thereof.
As a condition of your use of this Website, you will not use the Website for
not use this Website in any manner that could damage, disable, overburden,
or impair any Wicked Start server or interfere with any other party's use
and enjoyment of the Website and services offered herein. You may not
attempt to gain unauthorized access to other's accounts, information,
computer systems or networks connected to the Wicked Start server or to
any of the services or products offered via the website, through hacking,
password mining or any other means. You may not obtain or attempt to obtain
any of Wicked Start's materials or information through any means not
intentionally made available through the website.
Availability of this Website or particular information or services herein is subject to change without notice.