TERMS AND CONDITIONS OF USE

Updated October 11, 2020.

Welcome to the Inclusive Startups Community!  This is a place for founders of all backgrounds that are underrepresented historically to connect for inspiration, building their networks, and finding partners/funders. 

 

These Inclusive Startups Community Terms and Conditions of Use (“Terms and Conditions”) are the terms that apply to your use of the Inclusive Startups Community via web, Slack and Chat. We hope these will ensure our community is safe, supportive and helpful to you as we work to build a better world, together. These Terms and Conditions also protects other users, and our goodwill and reputation. These terms are so important that we cannot permit you to use the Inclusive Startups Community without first agreeing to them. By using the Inclusive Startups Slack, Chat, or web Community, you are agreeing to these terms.
 

Every community user of ours agrees to abide by these Terms and Conditions and is responsible for any violations. We will enforce and ensure compliance with these Terms and Conditions by using methods we consider to be appropriate, including removing you from any and all Communities, Slack, Chat, and web Community.
 

We reserve the right to modify these Terms and Conditions at any time without giving you prior notice. You can find the most recent version here. Your use of the community following any such modification constitutes your agreement to follow and be bound by these Terms and Conditions as modified. You agree to review the Terms and Conditions on a regular basis and always keep compliant with them.
 

1. Definitions

  • “Agreement” or “Terms and Conditions” means these Inclusive Startups Community Terms of Use and all materials referred to or linked to in here.

  • “Community User Guidelines” means the policies applicable to users of the Inclusive Startups Community, Slack and Chat which we have published in the signup process for your agreement, and are reiterated here: 

    • Community User Guidelines

      • There are some rules in the Inclusive Startups Chat and Slack community that everyone needs to follow.

        • This is a place to talk about startups. Please be considerate and respectful. This is a positive space for us to connect with other founders from underrepresented backgrounds to seek advice, find support, build connections, or secure funders, cofounders, partners, or mentors.

        • NO MARKETING. This isn't a place to promote your company, events, etc. Please no promotion. If you see promotions, please flag them so we can moderate them. If you must post a promotion, there is a channel for those: #promotions. Anything outside this channel will be deleted.

        • This is 👏🏾 absolutely 👏🏽 not 👏🏾 the 👏 place 👏🏾 for racism, sexism, homophobia, transphobia, ablism, or acting on any other kind of negative assumptions or biases. If your posts undermine historically-oppressed groups intentionally or unintentionally, you will be removed from the Inclusive Startups Community. We do not tolerate intolerance. If you see these kinds of posts, please flag them so we can remove them. By honoring each other, we create a place where we can all be free, feel safe and supported, and focus on what we're building.

  • “Inclusive Startups Community” means the online community, Chat, and Slack accessible at inclusivestartups.com.

  • "Sensitive Information" means credit or debit card numbers; personal financial account information; Social Security numbers; passport numbers; driver’s license numbers or similar identifiers; employment, financial or health information, including any information subject to regulations, laws or industry standards designed to protect data privacy and security, such as the Health Insurance Portability and Accountability Act and the Payment Card Industry Data Security Standards.

  • "Third-Party Products" means products and professional services that are provided by third parties which may interoperate with or be used in connection with the Inclusive Startups offerings.

  • "Third-Party Sites" means third-party websites linked from within or accessed through the Inclusive Startups Community.

  • "Inclusive Startups", "we", "us" or “our” means Inclusive Startups LLC and our affiliates.

  • "You" or "your" means the person or entity using the Inclusive Startups Community.

  • "Your Content” means all content, including without limitation, language, data, information, and images, provided through or disclosed by use of the Inclusive Startups Community, by you.

 

2. Access to the Inclusive Startups Community

We will provide you access to use the Inclusive Startups Community according to the terms of this Agreement.  We may use third party service providers to provide some or all elements of the Inclusive Startups Community.  In order to access and use the Inclusive Startups Community, you may be required to establish a username with a third party service provider, like Slack, and you grant us the right to share the information necessary to enable your use of the Inclusive Startups Community with our third party service providers.

 

You may not use a username that: (i) belongs to someone else, (ii) impersonates another person, (iii) is misleading, (iv) violates any intellectual property or other proprietary rights, (v) is vulgar or offensive, (vi) uses Inclusive Startups as all or part of it, unless we provide express permission to do so, or (vii) we reject, which we may choose to do in our discretion.  All information you provide in your profile must be accurate.  If you believe your access to or use of the Inclusive Startups Community has been breached, compromised, or unauthorized, notify us immediately at community@inclusivestartups.com.

 

3. Your Conduct and Content

a.  Usage Guidelines.  You must review and follow the Community Usage Guidelines.  We may change the Community Usage Guidelines from time to time by updating the applicable website. Your use of the Inclusive Startups Community is subject to the Community Usage Guidelines, which are incorporated to this Agreement by reference.

 

b.  Acceptable Use.  You will use the Inclusive Startups Community for its intended purpose only, and will not use it for solicitation or advertising purposes, unless we otherwise agree. Your contributions and posts should typically relate to startups, community events, and Inclusive Startups offerings.
 

The Inclusive Startups Community is a forum for building relationships and public discussion. If you choose to share private, confidential, IP or other information, you are responsible for the use by third parties of any personal information disclosed by you within the Inclusive Startups Community, whether or not you permitted such use. This means that no private or personal information should be exchanged within the Inclusive Startups Community. 

 

You are not permitted to sell, rent, lease, assign, sublicense, distribute, transmit, broadcast, commercially exploit, grant a security interest in, or otherwise transfer any right in the Inclusive Startups Community or content therein. In addition, and without limiting the other requirements in these Terms and Conditions, you may not (directly or indirectly) use the Inclusive Startups Community with content, or in a manner that:

  • is in violation of this Agreement;

  • is confidential, proprietary or discloses Sensitive Information that is not solely owned by you and you alone;

  • discloses or solicits the private information of any person, except by shared interests and with consent;

  • is threatening, abusive, harassing, stalking, or defamatory;

  • is deceptive, false, misleading, or fraudulent;

  • is invasive of another's privacy or otherwise violates another’s legal rights (such as rights of privacy and publicity);

  • contains vulgar, obscene, indecent or unlawful material;

  • infringes a third party's intellectual property right(s);

  • publishes, posts, uploads, or otherwise distributes any software, music, videos, or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you have all necessary rights and consents to do so;

  • uploads files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer;

  • downloads any file that you know, or reasonably should know, cannot be legally distributed in that way;

  • falsifies or deletes any author attributions, legal or proprietary designations, labels of the origin or source of software, or other material contained in a file that is uploaded;

  • restricts or inhibits any other user of the Inclusive Startups Community from using and enjoying our website and/or the Inclusive Startups offerings;

  • harvests or otherwise collects information about others, including email addresses, without their consent;

  • damages, disables, overburdens, or impairs any Inclusive Startups website or interferes with any other party's use and enjoyment of the Inclusive Startups Community;

  • mirrors or frames the Inclusive Startups Community website, or any part of it, on any other website or webpage;

  • attempts to gain unauthorized access to the Inclusive Startups Community, or access the Inclusive Startups Community by any means other than through the interface that we provide to you;

  • violates the usage standards or rules of an entity affected by your use, including without limitation, any ISP, ESP, or news or user group (and including, by way of example, and not limitation, circumventing or exceeding equipment use rights and restrictions and/or location and path identification detail);

  • is legally actionable between private parties; and/or

  • is in violation of any applicable law or regulation.

c.  Suspension and Notice of Violations. We may immediately suspend use of the Inclusive Startups Community, without notice, for actual or suspected violations of the terms contained in this Section 3 (Your Conduct and Content).  If you know of usage that is in violation of this Agreement, please let us know by contacting us at community@inclusivestartups.com, and following the process for claims of copyright infringement described below.
 

d.  Claims of Copyright Infringement. We respect the intellectual property rights of others, and we ask our users to do the same. We may, in its sole discretion, suspend the access or terminate the accounts of users who violate others' intellectual property rights. If you believe that your work has been copied in a way that constitutes infringement on our website, please email community@inclusivestartups.com with details.
 

e.  Our Use of Your Content.  You grant to us all rights, licenses and permissions necessary to display, reproduce, disseminate, and otherwise use Your content in connection with the Inclusive Startups Community. We may edit or remove Your content, or block or disable replies on a comment, thread or post, at any time in our sole discretion.
 

4. Inclusive Startups’ Proprietary Rights

You are not granted a license to any software by this Agreement. The Inclusive Startups name and offerings are protected by intellectual property laws, they belong to and are the property of us or our licensors (if any), and we retain all ownership rights to them.
 

We encourage all customers to comment on the Inclusive Startups offerings, provide suggestions for improving them, respond to surveys about things that they would like to see created, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Inclusive Startups offerings, without payment or attribution to you.


5. Third-Party Sites and Products

Third-Party Products and Third-Party Sites are not under our control. Third-Party Sites and Products are provided to you only as a convenience, and the availability of any Third-Party Site or Product does not mean we endorse, support or warranty the Third-Party Site or Product.


6. Term and Termination

a.  Term.  This Agreement will apply for as long as you use or maintain a username for the Inclusive Startups Community.

b. Termination and Suspension.  We may terminate this Agreement and/or suspend your access to the Inclusive Startups Community immediately if you: (i) violate any of the terms of this Agreement, (ii) use the Inclusive Startups Community in a way which has or may negatively reflect on or affect us, our prospects, or our customers, or (iii) if we determine it to be necessary or desirable in our sole discretion.  We are not obligated to provide you with any of Your content, posts, comments, or other information used in connection with the Inclusive Startups Community after termination. Except for Inclusive Startups Community, Slack, and Chat, termination or expiration of this Agreement shall not cause your other subscription agreement(s) to be terminated, if you have any.
 

7. Your Representations and Warranties 

You represent and warrant that: (i) your participation in the Inclusive Startups Community will not conflict with any of your existing agreements or arrangements, (ii) you have sufficient rights to share all Your Content with us for our use and with other users of the Inclusive Startups Community, and that you are not violating any confidentiality obligations by submitting Your content to the Inclusive Startups Community, and (iii) that Your content does not violate or constitute the infringement of any intellectual property right, right of privacy, right of publicity or other proprietary right.


8. Indemnification 

You will indemnify, defend and hold us harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and affiliates) by a third party to the extent that such Action is based upon or arises out of (a) your use of the Inclusive Startups Community, (b) your disclosure or solicitation of personal information, (c) any use of personal information that you disclosed, whether this use is by you or a third party, (d) your noncompliance with or breach of this Agreement, or (e) your use of Third-Party Products or Third-Party Sites. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.


9. Disclaimers; Limitations of Liability

a. Disclaimer of Warranties. WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE INCLUSIVE STARTUPS PRODUCTS OR SERVICES, THE INCLUSIVE STARTUPS COMMUNITY, OR THE COMMUNITY CONTENT FOR ANY PURPOSE. TO THE EXTENT PERMITTED BY LAW, THE INCLUSIVE STARTUPS COMMUNITY IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE INCLUSIVE STARTUPS COMMUNITY AND THE COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE INCLUSIVE STARTUPS COMMUNITY AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.

b. No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.

c. Limitation of Liability. IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY, THE PARTIES AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.

d.  Third Party Products and Sites.  WE DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS AND THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE INCLUSIVE STARTUPS COMMUNITY TO YOU.
 

10. General

a. Amendment; No Waiver. We may update and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will be posted at inclusivestartups.com/terms. The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this Agreement periodically. If you do not agree with a modification to this Agreement, you should not use the Inclusive Startups Community.

b. Applicable Law. This Agreement shall be governed by the laws of the State of California, without regard to the conflict of laws provisions thereof. In the event either of us initiates an action in connection with this Agreement or any other dispute between the parties, the exclusive venue and jurisdiction of such action shall be in the state and federal courts in Alameda, California.

c. Force Majeure. Neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

d. Relationship of the Parties. Both you and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.

e. Compliance with Applicable Laws. You shall comply with all applicable foreign and domestic laws (including without limitation, export laws), governmental regulations, ordinances, and judicial administrative orders. Export laws and regulations of the United States and any other relevant local export laws and regulations may apply to the Community Content and the Inclusive Startups products and services. You will comply with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the Community Content or the Inclusive Startups products and services to prohibited countries or individuals or permit use of the Community content or the Inclusive Startups products and services by prohibited countries or individuals.

f.  Correction of Errors and Inaccuracies. The Community content may contain typographical errors or other errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update the Community content and Your content at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions will be corrected.

g. Severability. If any part of this Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.

h. Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt.

 

To Inclusive Startups, 1267 Willis St, STE 200, Redding, CA 96001. 

 

To you: your address as provided in our account information for you.  We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.

i. Entire Agreement. This Agreement is the entire agreement between us for Inclusive Startups Community and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

j. No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

k. Community Usage Guidelines. We may change the Community Usage Guidelines from time to time by updating our website.

l. No Licenses. We grant to you only the rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to us, the Inclusive Startups products and services, our trademarks, or any other property or right of ours.

m. Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms.

n. Survival. The following sections shall survive the expiration or termination of this Agreement: Inclusive Startups’ Proprietary Rights’, ‘Your Representations and Warranties’, ‘Indemnification’, ‘Disclaimers; Limitation of Liability’, and ‘General’.