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Freestartr LLC

Terms of Use

Effective July 2, 2017.

Welcome to FreeStartr! These Terms of Use (the “Terms”) govern your use of this website (the “Site”) and the services (together with the Site, the “Services”) offered by Freestartr LLC., a Nevada limited liability company (together with its affiliates, agents, representatives, consultants, and employees, “FreeStartr”, “we”, and “us”). These Terms constitute a binding contract between you and FreeStartr.

By using the Services in any way, you acknowledge that you have read, understood, and agree to be bound by the terms of these Terms of Use, our Privacy Policy posted elsewhere on this Site, our Community Guidelines posted elsewhere on our Site, all applicable laws and all conditions or policies that are referenced here or in our Privacy Policy or Community Guidelines (collectively, the “Terms”). If you do not agree to these Terms of Use, please stop using the Services immediately.

If you have any questions, comments, or concerns regarding these Terms, please contact us at [email protected]

Modification of the Terms

We may amend these Terms at any time by posting a revised version of the Terms on the Site. You agree to be bound by any changes to the Terms when you continue to access or to use the Services after those changes have been posted.

Definitions

In these Terms, we refer to those raising funds as “Creators” and to their fundraising campaigns as “Campaigns”. We refer to those contributing funds as “Contributors” and to the funds they contribute as “Contributions”. Creators, Contributors, and other visitors to the Services are referred to collectively as “Users”.

Explanation of how FreeStartr works

FreeStartr is an online crowdfunding venue for people and entities seeking to raise funds for their own Campaigns and to contribute to the Campaigns of others, on both one-time and/or recurring monthly bases. Creators can offer gifts, rewards, or perks in the form of tangible or intangible items or services (collectively, “Rewards”) to Contributors. Rewards are not offered for sale. FreeStartr makes no representations about the quality, safety, morality, or legality of any Campaign, Rewards, or Contribution or the truth or accuracy of User Content (as defined below in the section titled “User Content”) posted on the Services. FreeStartr does not represent that Creators will deliver Rewards or that Contributions will be used as described in the Campaign. Users use the Services at their own risk. The Services do not include the offer or sale of securities (as such term is defined in the Securities Act of 1933), and FreeStartr is not a broker-dealer or a member of the Financial Industry Regulatory Authority (FINRA).

Proprietary Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of FreeStartr. The Services are protected by copyright, trademark, and other laws of both the United States of America and foreign countries. Except as expressly provided herein, nothing in the Terms gives you any right to use the FreeStartr name or any of the FreeStartr trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary and we will be free to use such feedback, comments, and/or suggestions as we see fit and without any obligation to you.

Privacy Policy

FreeStartr’s Privacy Policy, a copy of which can be found here, is hereby adopted and incorporated into these Terms by reference. Please read the Privacy Policy carefully for disclosures relating to the collection, use, and disclosure of your personal information.

COPPA

The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years of age. We comply with COPPA, and we do not knowingly collect or solicit personally identifiable information from children under 13 years of age. If you are a child under 13 years of age, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under 13 years of age, we will delete that information as quickly as possible. If you believe that a child under 13 years of age may have provided us personal information, please contact us at [email protected].

Eligibility to Use the Services

Persons under 13 years of age are not eligible to use the Services. Persons under 18 years of age are not eligible to use the Services without the valid consent of a parent or legal guardian. Users between the ages of 13 and 17 may use the Services with the consent and supervision of a parent or legal guardian who is at least 18 years of age, but only if such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for the use of the Services. Users suspended from using the Services are not eligible to use the Services. FreeStartr reserves the right to refuse use of the Services to anyone and to reject, cancel, interrupt, remove, or suspend any Campaign, Contribution, or the Services at any time for any reason without liability.

Registration and Account Creation

All information submitted in connection with a User account on the Services (each, a “User Account”) must be accurate and truthful. You can browse FreeStartr without registering a User Account. Users agree to notify FreeStartr immediately if their User Account has been used without authorization or there has been any other breach of security of the User Account. Each User also agrees to provide additional information FreeStartr may reasonably request and to answer truthfully and completely any questions FreeStartr may ask you in order to verify such User’s identity.

By registering a User Account with the Services on the Site, you represent and warrant that you are at least 18 years of age and old enough to enter into a binding contract where you live, or between the ages of 13 and 17 and registering with the consent and supervision of a parent or legal guardian who is at least 18 years of age, provided such parent or legal guardian also agrees to be bound by the Terms and agrees to be responsible for the use of the Services.

You are responsible for all the activity on your account and for your keeping your password confidential. For your own security, we recommend that you use a long, unique password consisting of a mix of upper- and lower-case letters, numbers, and symbols.

You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for all activity associated with your account.

User Content

While using the Services, Users may post photographs, videos, text, graphics, logos, audio, art, and other audio or visual materials (collectively, “User Content”). Users may not post User Content that violates the legal rights of other persons. Users automatically and irrevocably grant FreeStartr a perpetual, non-exclusive, unrestricted, royalty-free, transferable, sublicensable, worldwide license to use, publicly display, publicly perform, store, reproduce, modify, create derivative works of, and distribute User Content of any User on or in connection with the Services and our related marketing and promotional activities. As between Users and FreeStartr, Users continue to hold all ownership interest in their User Content.

You represent, warrant, and agree that you will not contribute any User Content or otherwise use the Services in a manner that:

a. infringes, violates or otherwise interferes with any copyright or trademark of another party;

b. infringes any intellectual property right of another, including the disclosure of trade secrets;

c. violates the privacy or publicity rights of another;

d. discloses any information that you are contractually obligated to refrain from disclosing;

e. is libelous, defamatory, indecent, threatening, or otherwise violates any law or legal right of any third party;

f. states a fact or creates an impression that you know, or reasonably should know, is false, incorrect, misleading or deceptive; this includes by impersonating others or otherwise misrepresenting your affiliation with a person or entity;

g. constitutes “doxing” or which contains other people’s private information without their express authorization and permission;

h. contains or links to a virus, Trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and/or

i. contains links to other sites that contain the kind of content that falls within the descriptions set out in (a) through (h) above.

Prohibited Campaigns

Creators are not permitted to create a Campaign to raise funds for illegal activities. Creators are not permitted to create a Campaign that is a scam. Creators are not permitted to create a Campaign that defrauds others. If your Campaign is claiming to do the impossible or is just plain phony, do not post it on the Site. If a Campaign you see on the Site is claiming to do the impossible or is just plain phony, do not contribute to it and immediately notify FreeStartr. Users must comply with all applicable laws and regulations in connection with their Campaigns, including offering Rewards and using Contributions. Creators are not allowed to make any false or misleading statements in connection with their Campaigns.

Distinction Between Prohibited Campaigns and Unpopular or Niche Campaigns

Freestartr wants its Site to be a place where Creators have wide latitude to run their Campaigns of their choice, so long as they are legal and not prohibited. If you come across a Campaign that you dislike or disagree with, for creative, personal or political reasons, that does not mean that the Campaign is prohibited. Freestartr will not permit Users to harass or intimidate other User’s lawful and proper campaigns. If a User engages in continued harassment or intimidation of a Campaign or another User, including by making repeated and unwarranted complaints about a proper Campaign or User, then we reserve the right to revoke such offending User’s privileges on the Site.

Prohibited Rewards

Creators are not permitted to offer or provide any of the following as a Reward:

a. any form of “securities” (as such term is defined in the Securities Act of 1933);

b. any form of financial incentive or participation in any profit sharing;

c. any form of lottery or gambling;

d. any controlled substance or contraband;

e. any items promoting imminent personal injury, death, damage, or destruction to property; or any items prohibited by applicable law to possess or distribute, that would violate applicable law if distributed, or that would result in infringement or violation of another person’s rights if distributed.

Prohibited Visual Elements in Campaign Images

Creators are not permitted to do any of the following with Campaign images:

a. incorporate FreeStartr trademarks brand elements, including but not limited to its logos, colored frames, borders or badges;

b. include any visual element that could be reasonably interpreted to have been produced by FreeStartr, including but not limited to banners, progress bars, or funding statistics;

c. include any visual element that communicates an endorsement by FreeStartr.

Disputes between Creators, Third Parties, and Contributors

Creators are legally bound to perform on any promise and/or commitment to Contributors (including delivering any Rewards). FreeStartr does not recognize any third party and/or agency affiliated with the Campaign as a Creator. If a Creator is unable to fulfill any of its commitments to Contributors (including delivery of any Rewards), the Creator agrees that it will, in good faith, work with the Contributors to reach a mutually satisfactory resolution, which may include refunding Contributions. Please note that if Campaign funds have already been transferred to the Creator, then it is the Creator’s responsibility to issue refunds to the Contributors.

FreeStartr is under no obligation to become involved in disputes between Creators and Contributors, or Users and any third party. In addition, FreeStartr is under no obligation to become involved in disputes regarding the determination of the rightful Creator of a Campaign, and will not be obligated to make any changes to Creator accounts or transfer of ownership. In the event of any dispute, such as a Creator’s alleged failure to comply with the Terms or alleged failure in fulfillment of a Reward, we may provide the Creator’s contact information to the Contributor so that the two parties may resolve their dispute.

License to Users and Use of FreeStartr Trademarks

FreeStartr grants each User a limited, non-exclusive, non-transferable, revocable license to use the Services subject to such User’s eligibility and continued compliance with the Terms.
With the exception of User Content, all content made available through the Site and the FreeStartr platform, such as, but not limited to, text, graphics, logos, button icons, images, audio clips, and software, is the property of FreeStartr or other Creators and is protected by United States and international intellectual property laws.

Creators

Creators are permitted to offer Rewards to Contributors. Creators are legally bound to perform any promise and/or commitment to Contributors (including delivering any Rewards). This commitment includes shipping Rewards to FreeStartr Contributors before fulfilling any orders received after the Campaign has ended.

Creators will respond promptly and truthfully to all questions from FreeStartr or any Contributor. Creators will provide timely, frequent, and substantive updates to their Contributors. If any Creator is unable to fulfill any of its commitments to Contributors (including delivering any Rewards), the Creator will work with the Contributors to reach a mutually satisfactory resolution, which may include refunding their Contributions.

Your location as reflected on your Campaign page must match your legal residence that you submit to FreeStartr when you create the Campaign. Creators may not create multiple Campaigns without proof of meeting fulfillment obligations from the original Campaign. Failure to adequately fulfill Campaign obligations may result in FreeStartr removing the Campaign(s) from FreeStartr, and seeking reimbursement of Campaign funds raised, including by using third-party collections services. Only the Creator shall be permitted to collect Campaign funds. FreeStartr will not be required to disburse Campaign funds to any third parties.

Creators will comply with all applicable laws and regulations in the use of Contributions and delivery of Rewards. Creators are responsible for collecting and remitting any taxes on Contributions, and any taxes due in connection with Rewards. Creators may not use a false e-mail address to self-fund, or contribute to, their own Campaigns; this is a violation of Stripe policies and of our Terms of Use.

FreeStartr may attempt, in its sole and absolute discretion, to verify the identity and other information provided to us by Creators, and we may delay, withhold, reverse, or refund any Contributions or other amounts without notice or liability in the event that we are unable to verify any such information to our satisfaction. Creator eligibility is subject to FreeStartr’s review of the fulfillment status of prior crowdfunding obligations. FreeStartr reserves the right to prohibit or remove a Campaign if the Creator is delayed by three months or more in fulfilling a prior crowdfunding Campaign on FreeStartr or another platform.

If the amounts raised by a Campaign on FreeStartr exceed a certain threshold, and/or a Campaign has a high number of refunds or chargebacks (each as determined by FreeStartr in its sole and absolute discretion), FreeStartr may withhold a percentage of the Campaign funds for such time as shall be determined by FreeStartr in its sole and absolute discretion, and in accordance with Campaign reviews. FreeStartr will manage all refunds during this time.

You acknowledge that as a Creator, if you do not act in accordance with FreeStartr’s Terms, FreeStartr may obtain reimbursement of any amounts owed by a Creator to FreeStartr by holding funds from your Campaign, or from the connected Stripe, Coinbase, or bank account associated with your Campaign, or by seeking reimbursement from the Creator by any other lawful means, including by using third-party collections services.

Contributors

Contributors are solely responsible for asking questions and investigating Creators and Campaigns to the extent that they feel is necessary before making a Contribution. All Contributions are made voluntarily and at the sole discretion and risk of the Contributor. FreeStartr does not guarantee that Contributions will be used as promised, that Creators will deliver Rewards, or that any Campaign will achieve its goals. FreeStartr does not endorse, guarantee, make representations, or provide warranties for or about the quality, safety, morality or legality of any Campaign, Reward or Contribution, or the truth or accuracy of User Content posted on the Services. Contributors are solely responsible for determining how to treat their Contributions and receipt of any Rewards for tax purposes. If a Contribution is returned to a Contributor, the associated Rewards, if any, shall be canceled.

Service Fees

Registering an account on the Services is free. We do not charge our Service fees to Contributors. Unless otherwise expressly indicated on the Services, we do charge our Service fees to Creators as a portion of the Contributions they raise (the “Service Fees”). By using the Services, Users agree to our Service Fees listed here. Changes to Service Fees are effective immediately once we post notice of the changes on the Services. Updated Service Fees are applied to Campaigns launched after the notice is posted.

Refunds

Contributors may not seek a refund from Freestartr once a Campaign has ended. Contributors may request a refund from FreeStartr before the end of a Campaign. Freestartr may require a reasonable statement of facts and circumstances from such requesting Contributor, for example where the Contributor posted a large or early contribution. Contributions are generally eligible for a refund by FreeStartr unless the Contribution funds have already been transferred to the Creator, the Reward associated with the Contribution has been fulfilled, or FreeStartr determines that there has been an abuse of these Terms of Use. FreeStartr reserves the right to terminate User Accounts and remove Campaigns for any abuse of this refund policy. For Campaigns that have ended, or in situations where the Contribution funds have been transferred to the Creator, Contributors should contact the Creator directly regarding refunds.

Taxes

Taxing authorities may classify funds raised on the Services as taxable income to the Creator and any beneficiary who will receive funds directly from the applicable Campaign. FreeStartr will ask for the tax identification number (TIN) and W-9 of Creators and any beneficiaries so that we may report taxable income to the relevant taxing authorities. FreeStartr will comply with all reporting requirements to the applicable taxing authorities. If you have questions regarding taxes or accounting, you should confer with an attorney and/or an accountant. Freestartr is not and does not provide legal, tax or accounting advice to its Users or to Contributors.

Promotions

Creators may not offer any contest, competition, giveaway, sweepstakes, or similar activity (each, a “Promotion”) on the Services without FreeStartr’s prior written permission (which may be granted or withheld by FreeStartr on its sole and absolute discretion).

Creators may request permission from FreeStartr by sending an e-mail to [email protected]. Subject to and upon any such permission, each Creator offering any Promotion further acknowledges and agrees that:

a. such Creator shall be solely responsible for all facets of each such Promotion;

b. such Promotion does not require any Contribution or other payment of any amount as the sole method of entry into such Promotion;

c. the official rules for such Promotion shall include clear and conspicuous language to the effect that:

a. FreeStartr does not sponsor, endorse, or administer the Promotion;

b. each participant or entrant in the Promotion releases FreeStartr from any and all liability;

c. all questions concerning the Promotion must be directed to the Creator and not to FreeStartr.

Third-Party Websites, Advertisers, or Services

The Services may contain links to third-party websites, advertisers, or services that are not owned or controlled by FreeStartr. Access to or use of third-party sites or services are at each User’s own risk. Except as otherwise expressly provided herein, FreeStartr is not responsible for any loss or damage of any sort relating to User dealings with these third-party sites or services. We encourage Users to be aware of when they leave the Services, and to read the terms and conditions and privacy policies of any third-party website or service that they visit.

Payment Services

Credit card payment processing services for Creators on FreeStartr are provided by Stripe, Inc. (“Stripe”) and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By continuing to operate as a Creator on FreeStartr, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition to FreeStartr enabling credit card payment processing services through Stripe, you agree to provide FreeStartr accurate and complete information about you and your business, and you authorize FreeStartr to share any such information with Stripe, as well as transaction information related to your use of the payment processing services provided by Stripe. In all cases, standard credit card or other third party processing fees apply in addition to any Service Fees. We are not responsible for the performance of any third party credit card processing or third party payment services.

Chargebacks

If a chargeback is filed for a contribution to a Campaign on FreeStartr, the cardholder’s financial institution will contact the payment processor for the transaction. The payment processor will then notify FreeStartr of the chargeback. FreeStartr may hold the contribution funds associated with the disputed charge until the financial institution concludes its review of the transaction.
Once the financial institution concludes its review of the disputed charge and notifies FreeStartr through the payment processor, FreeStartr will comply with the decision and will either refund the disputed charge from the Campaign funds or disburse the disputed funds to the Creator.

Recovering Funds

By using our Services, you acknowledge that FreeStartr reserves the right to attempt to recover or hold funds from your Campaign, or the connected Stripe, Coinbase, or bank account associated with your Campaign, for reasons including but not limited to: refunds, lost chargebacks, a Creator does not act in accordance with FreeStartr’s Terms, or other situations resulting in negative balances.

We may obtain reimbursement of any amounts owed by a Creator to FreeStartr by holding funds from your Campaign, or the connected Stripe, Coinbase, or bank account associated with your Campaign, or seeking reimbursement from the Creator by any other lawful means, including by using third-party collections agencies. You authorize us to use any or all of the foregoing methods to seek reimbursement.

Open Source Licenses

The Services may contain or be provided together with open source software. Each item of open source software is subject to its own applicable license terms. Copyrights to any and all open source software are held by the respective copyright holders indicated therein.

Security

You are prohibited from interacting with the Site or using any of the Services in order to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FreeStartr reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents.

Indemnity

To the fullest extent allowed under applicable laws, each User agrees to defend, indemnify and hold harmless FreeStartr LLC and its affiliated companies, and their respective managers, officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Services, breach of these Terms or violation of any laws. FreeStartr may assume the exclusive defense and control of any matter for which Users have agreed to indemnify FreeStartr and each User agrees to fully and promptly assist and cooperate with FreeStartr in the defense or settlement of any such matters.

No Warranty

FreeStartr has no fiduciary duty to any User. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED OR ANY KIND INCLUDING, WITHOUT LIMITATIONS, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE. USE OF THE SERVICES IS AT USER’S OWN RISK.

Waiver and Release

For Users in a jurisdiction that requires a specific statement regarding waiver and release then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542 for unknown claims which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Each User hereby waives this section of the California Civil Code and any similar provision in law, regulation or code that has the same effect or intent as the foregoing release.

Limitation of Liability

FREESTARTR (INCLUDING ITS AFFILIATES, EMPLOYEES, AGENTS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING THE LESSER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE FEES PAID TO FREESTARTR FOR THE TRANSACTION FROM WHICH THE CAUSE OF ACTION AROSE. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FREESTARTR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

For jurisdictions that do not allow FreeStartr to limit its liability: notwithstanding any provision of the Terms, for Users in jurisdictions with laws that may conflict with the foregoing waiver and limitation of liability, then FreeStartr’s liability is limited to the fullest extent permitted under applicable law in such jurisdictions.

Assignment

The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by any User, but may be assigned by FreeStartr without restriction or consent.

Termination; Survival

Termination may result in the forfeiture and destruction of all information associated with any User Account. Users may terminate their User Account by following the instructions on the Services, but FreeStartr may retain the User Account information after termination in accordance with regulatory, accounting, and legal compliance procedures. All provisions of the Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Governing Law

Users agree that: (a) the Services shall be deemed solely based in Nevada and (b) the Services shall be deemed a passive one that does not give rise to personal jurisdiction over FreeStartr, either specific or general, in jurisdictions other than Nevada. This Agreement shall be governed by the laws of the State of Nevada, without respect to its conflict of laws principles.

Arbitration

If a dispute arises between you and us, you agree to provide us with notice of the dispute via e-mail to [email protected] Upon our receipt of the notice, the parties shall have a period of sixty (60) days to attempt to resolve the dispute informally before either may resort to the other alternatives described in this section of the Terms.

FreeStartr and User agree that any and all disputes or claims shall be resolved exclusively through final and binding arbitration, rather than in court, except that a User at its election may assert claims in small claims court, if the User’s claims otherwise qualify for adjudication in that court. FreeStartr and User manifest their assent to arbitrate by providing and using the Services. Arbitrable claims are those that FreeStartr asserts against User, and that User asserts against FreeStartr, any related or affiliated entity, and the officers, directors, agents or employees of any of them. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this agreement to arbitrate. If for any reason the FAA is inapplicable, the law of arbitrability of the state of User’s principal place of business shall apply. To the maximum extent permitted by law, the Parties agree to arbitrate claims on an individual basis only, and they waive any right to bring, participate in, or recover under, a class, collective, consolidated or representative action. The arbitrator shall apply the Terms and the same substantive law to the dispute as a court would, and the same law of remedies. To begin an arbitration proceeding against FreeStartr or a related party, a User must send a letter requesting arbitration and describing the claim to FreeStartr registered agent, Paracorp Incorporated, 318 N Carson St, #208, Carson City, Nevada, 89701. The arbitration will be conducted by JAMS Mediation, Arbitration, and ADR Services (in short JAMS) under the rules applicable to the claim asserted. FreeStartr will supply a printed copy of the rules upon a User’s request. Payment and reimbursement of all filing, administration and arbitrator fees will be governed by JAMS’ rules. Carson City, Nevada is the sole proper venue for arbitration; provided, however, that the arbitrator once selected shall have the authority to order the parties to arbitrate in a different venue for good cause shown, applying federal law for transferring venue on grounds of forum non conveniens. If, notwithstanding this arbitration agreement, a claim for any reason proceeds in court rather than in arbitration, the dispute shall be exclusively brought and heard in a court of competent jurisdiction located in the City of Carson City, Nevada. Except as otherwise provided by law or the AAA’s rules, the prevailing party in any arbitration will be entitled to receive from the nonprevailing party all of its reasonable attorneys’ fees and costs.

Class Action Waiver

The parties agree that they will resolve their Dispute on an individual basis, and that any claims arising under the Terms or in connection with the Services must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding. The parties further agree that they shall not participate in any class action (existing or future) brought by any third party arising under these Terms or in connection with the Services. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then such class action is not subject to arbitration and must be litigated in the state courts located in Carson City, Nevada.

Disclaimers
Creators and other Users should be aware that many states impose charitable fund solicitation laws to guide direct or indirect fund solicitation activities in those states. While provisions vary state to state, these state laws typically include registration and reporting requirements. FreeStartr merely provides a technology platform to allow Creators to connect with Contributors. Users who access or use the Services do so at their own volition and are entirely responsible for compliance with applicable law.

FreeStartr makes no representations, warranties or other assertions as to the potential tax deductible status of any Contribution by a Contributor to a charitable cause or to a Campaign whose purported recipient is a recognized 501(c)(3) or other tax -advantaged organization under the Internal Revenue Code. The listing of an organization via the Services does not necessarily mean that the organization has been deemed— or remains—a charitable or tax-advantaged organization by the Internal Revenue Service.

English Language

In the event of a conflict between these the English language version of the Terms and any foreign language translation versions thereof, the English language version of the Terms shall govern and control. All disputes, claims and causes of action (and related proceedings) will be communicated in English. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the United States of America.

Export Compliance

You agree to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you represent, warrant, and agree that you are: (i) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time; and (ii) not otherwise prohibited under the Export Laws from receiving such products and information. Contributions may be frozen and/or turned over to the applicable governmental enforcement agency if any Campaign, or any contribution towards such Campaign, is deemed to be in violation of Export Laws.

Local Regulations
FreeStartr makes no representation that this Site, the content of this Site, or the Services are appropriate or available for use outside the United States of America, its territories, possessions and protectorates. If you choose to access the Site from other locations you do so on your own initiative and at your own risk.

You are responsible for complying with local laws and regulations, if and to the extent local laws and regulations are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States of America or the country in which you reside.

Cooperation with Authorities and LawEnforcement

We will cooperate with authorities and law enforcement authorities as required by law. We will cooperate with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services when requested.

Notification Procedures

Users agree that FreeStartr may provide notifications to such User via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Users may opt out of certain means of notification or to receive certain notifications.

Severability

If one of more provisions of these Terms are held to be invalid unenforceable under applicable law, then such provisions so affected shall be curtailed and limited only to the minimum extent necessary to permit compliance with the minimum requirement; no other provisions of these Terms shall be affected thereby and all such other provisions shall continue in full force and effect.

Non-Waiver

The failure of FreeStartr to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

Integration Clause

These Terms are the entire and exclusive agreement between FreeStartr and you regarding the Services, and these Terms supersede and replace any prior agreements between FreeStartr and you regarding the Services.

Claims of Copyright Infringement

If you believe that any content appearing on this Site infringes your copyright rights, we at FreeStartr want to hear from you. Please forward the following information in writing to the Copyright Agent at the address listed below:

a. your name, address, telephone number, and e-mail address;

b. a description of the copyrighted work that you claim has been infringed;

c. the exact URL or a description of each place where alleged infringing material is located;

d. a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;

e. your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and

f. a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent
Freestartr LLC
318 N Carson St #208
Carson City, Nevada
89701
[email protected]

FreeStartr seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.

Updates to Terms:
None.