Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING INCEPTIONPAD'S PRODUCTS, SERVICES, SOFTWARE, OR WEBSITES (referred to collectively as the “Services”)

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Terms of Use

PLEASE READ THESE TERMS CAREFULLY BEFORE USING INCEPTIONPAD'S PRODUCTS, SERVICES, SOFTWARE, OR WEBSITES (referred to collectively as the “Services”). Your use of the Services constitutes your agreement with InceptionPad to be bound by, and to act in accordance with, these terms of use (the “Terms of Use”). If you do not agree to these Terms of Use, you may not use the Services.  The term InceptionPad refers to InceptionPad Inc. at 480 Stedford Ln Duluth GA 30097.

1. Operation

The Services generally enable you to create, edit, share, review, and comment on business plans.  The Services also provide you with the ability to submit requests to third party service providers for certain professional services (e.g., software programming, accounting, tax, etc.) in furtherance of your business plan and needs.  InceptionPad only facilitates your request for these specialized services and does not provide such services itself or screen the service providers.   Any such third party services are provided pursuant to a separate agreement between you and the service provider.  InceptionPad may, in its sole discretion and at any time, modify or discontinue the Services or any portion of the Services.  

2. Continuing Agreement

We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you use the Services to keep up to date with the current Terms of Use governing your use of the Services. Your continued use of the Services reaffirms your continuing agreement to the then-current Terms of Use.

3. Use of Services

InceptionPad grants you a personal, non-exclusive, nontransferable, worldwide, royalty-free license to access and use the Services.  You may not assign, sublicense, pledge, mortgage, or otherwise transfer any part of your rights to use the Services.  You may not copy, modify, create a derivate work of, reverse engineer, decompile, or otherwise attempt to create human readable source code from any aspect of the Services.  

4. Privacy

For information on how InceptionPad uses and protects the information you may provide through your use of the Services, please read our Privacy Policy.

5. Content, Submissions and Postings

Users of the Services are likely to submit, share, create, upload, post and/or display various content such as business plans and information, data, photographs, graphics, ideas, and other materials (collectively, "Content").  You retain ownership of any Content that you submit. You hereby give InceptionPad a worldwide, royalty-free, perpetual, transferable, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, share, upload, post or display on or through the Services; provided, however that use of such license rights shall be consistent with our Privacy Policy.  You understand that InceptionPad, in the course of providing the Services to users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit InceptionPad to take these actions.

You confirm and warrant to InceptionPad that you have all the rights, power and authority necessary to grant the above license. You agree that you will not submit, share, upload, post, or display Content on or through the Services that is subject to third party rights including without limitation copyrights, trade secrets, privacy and publicity rights, or other proprietary rights, unlessYou have permission from the rightful owner to submit, share, upload, post or display the Content in connection with the Services and to grant InceptionPad all of the license rights granted in these Terms of Use.

InceptionPad may, but is under no obligation to, monitor or review Content.  You agree not to submit, post or transmit any unlawful, threatening, libelous, defamatory, obscene, violent, offensive, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You may not use the Services to distribute viruses or other harmful or illegal Content.  InceptionPad assumes no responsibility or liability arising from the Content or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website.

With the exception of Content posted by you, (1) no part of the Content contained in the Services or any other aspect of the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the express permission of InceptionPad; (2) the use of the Content or any other aspect of the Services on any other website or computer network without InceptionPad’s written consent is strictly prohibited; and (3) your use of the trademarks, service marks and trade names on this website in any manner other than as authorized in these Terms of Use, or as authorized in writing by InceptionPad, is strictly prohibited.

6. Geographic Scope of Site

The Services are controlled and operated by InceptionPad from within the United States of America. You are responsible for compliance with all local laws applicable to your use of the Services.

7. Links to Other Sites

The Services may provide links to other websites and/or make available third party applications. These links and applications do not mean that InceptionPad endorses, approves or sponsors any information available at the linked site or any products or services that may be available at such site, nor is InceptionPad liable for any damage that might result from your use of such information, products, or services.

 

8.  Third Party Services

The Services may contain advertising, sponsorships, and referrals to third party professional service providers.  InceptionPad is not responsible for any errors or inaccurate information in any advertisements, sponsorships, or referrals.  Any services that you obtain from advertisers, sponsors, or third party professional service providers shall be pursuant to a separate agreement between you and the advertiser, sponsor, or third party professional service provider.    InceptionPad has no control over the quality of or manner in which third parties provide their services, and InceptionPad shall not be liable for any services provided to you by a third party.  YOU ASSUME ALL RISK ASSOCIATED WITH SUCH THIRD PARTY SERVICE PROVIDERS.  The inclusion of any third party content on the Services, including third party advertising and sponsorship, does not mean that InceptionPad endorses, approves or sponsors any such third party content or the quality of such third party services. 

 

9. Contents of the Web Site - Disclaimer

The SERVICES (including THE SOFTWARE AND any graphics, recommendations or other materials) are provided ON AN "as is" AND "as AVAILABLE" BASIS, and without warranties of any kind, either express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.  InceptionPad SHALL NOT be responsible for the results of USE OF THE SERVICES OR FOR any defects that may exist in the CONTENT OR IN THE SERVICEs OR THEIR operation INCLUDING WITHOUT LIMITATION DEFECTS RELATED TO Their correctness, accuracy, reliability, or otherwise. YOU ACKNOWLEDGE THAT THE SERVICES could include technical OR OTHER inaccuracies or typographical errors AND InceptionPad undertakes no obligation to verify or maintain the currency of THE CONTENT.

WITHOUT LIMITING THE FOREGOING, InceptionPad makes no warrantIES that AND ASSUMES NO LIABILITY RELATED TO: (a) the operation of the services will meet YOUR requirements; (b) access to services will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (c) the results that may be obtained from the services will be accurate or reliable; or (d) defects will be corrected.

10. Limitation of Liability

Under no circumstances shall InceptionPad be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use or access, the SERVICEs, any materials therein, or any content you provide, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the SERVICEs.

11. Limitations as to Paragraphs 9 and 10

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you.

12. Indemnity

You hereby agree to indemnify and hold InceptionPad, its partners, officers, directors, agents, affiliates, and licensors (the “Indemnified Parties”) harmless from and against all liability, losses, damages, and expenses (including without limitation defense costs and associated reasonable attorneys fees, and associated costs) associated with any claim brought against InceptionPad arising out of (a) any Content you submit, share, upload, post or display on or to the Services; (b) any breach of or noncompliance with these Terms of Use; and/or (c) any claim that your Content violates any applicable law or otherwise infringes the rights of a third party. You shall cooperate fully in the defense of any claim. InceptionPad reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

13.  Breach

In the event you breach these Terms of Use, InceptionPad may issue a warning, or may suspend, terminate, or restrict your activities on the website. Any such action shall be taken in the sole discretion of InceptionPad and without prejudice to any other remedies that InceptionPad may be entitled to receive.  You agree not to hold InceptionPad responsible for any inconvenience or loss which you may incur as a result of InceptionPad taking any of the actions described above.

14.  Equitable Relief

You acknowledge that monetary damages for improper use of the Services or other breach of these Terms of Use may be inadequate; therefore, InceptionPad is entitled to seek equitable relief, including injunctive relief against you, in addition to all other remedies.

    

15. Applicable Law; Jurisdiction

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Georgia, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts in Georgia, and you hereby accept and submit to the personal jurisdiction of such Georgia courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.  any action, suit or proceeding under this agreement may be brought by you or inceptionpad solely on an individual basis and not in a class, representative action, or as a named or unnamed member in a class, consolidated, representative, or private attorney general action. 

16. No Waiver

No failure on the part of InceptionPad to enforce any part of these Terms of Use shall constitute a waiver of any of InceptionPad’s rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by InceptionPad nor the reliance of any person on InceptionPad’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of InceptionPad shall have any legal effect whatsoever.

17. Digital Millennium Copyright Act Notice and Counter Notice

 

            A. Copyright Infringement Notification

 

If you believe that content available on or through the Services infringes one or more of your copyrights, please send our Copyright Agent by mail, email or fax a notification (“Notification”) providing the information described below. A copy of your Notification will be sent to the person who posted the material addressed in the Notification. Pursuant to federal law you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Notification. Thus, if you are not sure whether content located on or accessible via a link from the Services infringes your copyright, you should contact an attorney.

 

All Notifications should include the following:

·        A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

·        Identification of the copyrighted work claimed to have been infringed.

·        Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit InceptionPad to locate the material.

·        Information reasonably sufficient to permit InceptionPad to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

·      A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

·      A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notifications should be sent to:

Copyright Agent

InceptionPad, Inc.

480 Stedford Ln

Duluth GA 30097

Fax: 770-495-6378

Email: tanlu@inceptionpad.com

 

B. Counter Notification

 

If you believe that material that you posted to the Services has been wrongfully removed in response to a Copyright Infringement Notification submitted by a copyright owner pursuant to the Digital Millennium Copyright Act, you may send us a Counter Notification (“Counter Notification”) asking that the material be restored (if you are eligible to have the material restored, as outlined below). Pursuant to federal law you may be held liable for damages and attorneys’ fees if you make any material misrepresentations in a Counter Notification. Please note that we are required to send a copy of your Counter Notification to the person who submitted the original Copyright Infringement Notification and that in response to a Counter Notification that person may file a lawsuit against you seeking a determination of its rights with respect to the material.

 

To be effective, your Counter Notification must be a written communication provided to InceptionPad’s designated agent that includes substantially the following information:

·        Your physical or electronic signature.

·        Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.

·        A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

·        Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district where you live (or, if you are located outside of the United States, a statement that you consent to the jurisdiction of Federal courts within the State of [Connecticut]) and that you will accept service of process from the person who submitted the Notification (or an agent for that person).

 

Counter Notifications should be sent to:

Copyright Agent

InceptionPad, Inc.

480 Stedford Ln

Duluth GA 30097

Fax: 770-495-6378

Email: tanlu@inceptionpad.com