DESCRIPTION OF PRODUCT. StartMeetingsm is a screen sharing service that incorporates either a toll-based conference calling service or a toll-free conference calling service, depending on Your service selection. It allows users from multiple locations to dial into a phone number, enter the same access code and connect all of their phone lines. It also allows those users to view the screen of the host or, alternatively, the screen of the participant to whom the host has transferred the screen sharing ability. StartMeetingsm provides use of their conferencing equipment to registered users, however, all callers are individually responsible for paying any incurred long distance phone charges imposed by their long distance carrier of choice.
REGISTRATION. To use the Product, You must submit a complete StartMeetingsm registration, which is available at https://www.StartMeeting.com. As part of the registration process for the Product, You agree to: (i) provide certain limited information about You as prompted to do so by the Product (such information is to be current, complete and accurate); and (ii) maintain and update this information as required to keep it current, complete and accurate. The information requested on original signup shall be referred to as registration data ("Registration Data"). If StartMeetingsm discovers that any of Your Registration Data is inaccurate, incomplete or not current, StartMeetingsm may terminate Your right to access and receive the Product immediately upon notice. StartMeetingsm will evaluate the registration application in good faith and will notify You in a timely manner regarding acceptance or rejection. StartMeetingsm may reject a registration application if it determines in its sole discretion that the user is not an appropriate subscriber or user of the Product. StartMeetingsm reserves the right to refuse the Service to any user who has canceled any number of previous Service accounts. StartMeetingsm need not provide a reason for its rejection. If StartMeetingsm rejects Your application, then You may reapply and StartMeetingsm will reconsider the application. You may not register for this Service if You are under 18 years of age. By registering for this Service You, represent to StartMeetingsm that You are 18 years of age or older. Upon acceptance of this agreement and completion of the registration process, You will have opened an account with StartMeetingsm and will become a subscriber to the StartMeetingsm Service.
SERVICES. (a) Feedback. StartMeetingsm may ask users to provide certain information in exchange for the use of the Product. The information requested includes call feedback, survey participation and polling conducted on the https://www.StartMeeting.com site or through call detail reports. Failure to participate may result in StartMeetingsm terminating Your right to access and receive the Product. In addition to Your obligations to submit feedback, You agree You will not: (i) submit any Feedback not based on direct experience with the product; nor (ii) attempt to manipulate the Feedback by posting Feedback more than once with respect to a particular experience or set of related experiences (except if such information is requested in more than one category); or (iii) by posting Feedback from an account other than the account StartMeetingsm assigned to You. (b) Fees. There are fees for use of the StartMeetingsm screen sharing and toll-free conferencing services. Your long distance carrier may also impose long distance charges associated with your calling plan. Check with your long distance carrier for more information.
Although StartMeetingsm does not anticipate any changes to its pricing policy, StartMeetingsm reserves the right to institute new charges for access to or use of the Products at any time upon not less than thirty (30) days' notice to the customer. In addition, all changes will be posted at https://www.StartMeeting.com. It is the customer’s responsibility to regularly review pricing information for changes posted in the terms and conditions. Continued use of the Products by the customer or non-termination of the Products after changes are posted constitutes customer’s acceptance of the prices and/or other changes.
USER CONDUCT AND PROPRIETARY RIGHTS. (a) No Resale or Commercial Use of the Product. Your right to use the Product is personal to You. You may be either an individual or a corporation or business entity, but You agree not to resell the use of the Product, other materials or any information obtained by You without the express written consent of StartMeetingsm. (b) Conduct. You are solely responsible for the content of Your transmissions through the Product. StartMeetingsm does, however, reserve the right to take any action with respect to the Product that StartMeetingsm deems necessary or appropriate in StartMeeting'ssm sole discretion if StartMeetingsm believes You or Your transmissions or use of the Product may create liability for StartMeetingsm. Your use of the Product is subject to all applicable local, state, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). You agree: (i) to comply with all United States laws, rules and other regulations applicable in connection with the Product; (ii) not to use the Product for illegal purposes; (iii) not to interfere or disrupt networks connected to the Product; (iv) not to use the Product to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (v) not to transmit through the Product, through Feedback or otherwise, any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. You will not attempt to gain unauthorized access to other computer systems and You will not interfere with another user's use and enjoyment of the Product. (c) Proprietary Rights. StartMeetingsm, StartMeeting.com and the StartMeetingsm logo, and other names, logos, icons and marks identifying StartMeeting's products and services are trademarks of StartMeetingsm and may not be used without the prior written permission of StartMeetingsm. You may not copy, reproduce, distribute, lease, loan, rent, timeshare, deliver or otherwise transfer, directly or indirectly, the account access granted to You (in whole or in part) or create derivative works of this service without expressly being authorized to do so by StartMeetingsm. Further, You may not reverse engineer, decompile, alter, modify, disassemble or otherwise attempt to derive source code from the Product. All rights not expressly granted in these Terms are reserved to StartMeetingsm.
MODIFICATIONS. StartMeetingsm may amend these Terms at any time by: (i) posting a revised Terms of Service document on https://www.StartMeeting.com; and/or (ii) sending information regarding the Terms amendment to the email address You provide to StartMeetingsm. You are responsible for regularly reviewing the https://www.StartMeeting.com site to obtain timely notice of such amendments. You manifest intent to accept these amended terms if You continue to use Your membership account after such amended terms have been posted or information regarding such amendment has been sent to You. Otherwise, these Terms may not be amended except in writing signed by both parties. Further, StartMeetingsm reserves the right to modify or discontinue the Product with or without notice to You. StartMeetingsm shall not be liable to You or any third party should StartMeetingsm exercise its right to modify or discontinue the Product.
PASSWORD AND SECURITY. StartMeetingsm will initially generate Your dial-in numbers and access codes for access to this account. You agree to carefully safeguard all of Your account numbers. You are solely responsible if You do not maintain the confidentiality of account information. Furthermore, You are solely responsible for any and all activities that occur under Your account. You agree to immediately notify StartMeetingsm of any unauthorized use of Your account or any other breach of security known to You, including if You believe that its secure account information has been stolen or otherwise compromised.
TERMINATION. StartMeetingsm may immediately terminate Your membership and right to use the Product if: (i) You breach these Terms; (ii) StartMeetingsm is unable to verify or authenticate any information You provide to StartMeetingsm; (iii) such information is inaccurate; or (iv) StartMeetingsm decides, in its sole discretion, to discontinue offering the Product. StartMeetingsm shall not be liable to You or any third party for termination of the Product. You may terminate this agreement with or without cause at any time, effective immediately upon written notice to StartMeetingsm. Should You object to any terms and conditions of the Terms or any subsequent modifications thereto or become dissatisfied with the Product in any way, Your sole recourse is to immediately: (1) discontinue use of the Product; (2) terminate your membership; and (3) notify StartMeetingsm of termination. Upon termination of membership, Your right to use the Product immediately ceases.
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. STARTMEETINGsm EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. STARTMEETINGsm MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY OR ERROR FREE, NOR DOES STARTMEETINGsm MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STARTMEETINGsm OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. IN NO EVENT SHALL STARTMEETINGsm BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF STARTMEETINGsm HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. STARTMEETING'Ssm LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO $50. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
INDEMNITY. You hereby agree, at Your expense, to indemnify, defend and hold StartMeetingsm harmless from and against any loss, cost, damages, liability or expense arising out of or relating to: (i) a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by You; (ii) any fraud or manipulation, or other breach of these Terms by You; or (iii) any third-party claim, action or allegation brought against StartMeetingsm arising out of or relating to a dispute between you and/or your associated users, of any StartMeetingsm products and services, over the terms and conditions of a contract or any other promise, agreement or attempted agreement for the purchase, sale or use of any product or service.
GENERAL TERMS. These Terms are governed in all respects by the laws of the State of Nevada as such laws are applied. Both Parties submit to personal jurisdiction in Nevada and further agree that any cause of action relating to these Terms shall be brought in a court in Clark County, Nevada. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. StartMeeting'ssm failure to act with respect to a breach by You does not waive StartMeeting'ssm right to act with respect to subsequent or similar breaches. You may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. This Agreement shall inure to the benefit of and be binding upon each Party's successors and assigns. StartMeetingsm shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond StartMeeting'ssm reasonable control. Unless otherwise provided in this Agreement, any notice required or permitted to be given under this Agreement shall be delivered (i) by hand; (ii) by registered or certified mail, postage prepaid and return receipt requested to the address provided by the other party, or to such other address as a party may designate by written notice in accordance with this Section 12; (iii) by overnight courier or (iv) by electronic mail with confirming letter mailed under the conditions described in (v). Notice so given shall be deemed effective when received, or if not received by reason of fault of addressee, when delivered. These Terms constitute the complete and exclusive understanding and agreement of the parties relating to the subject matter hereof and supersedes all prior understandings, proposals, agreements, negotiations and discussions between the parties, whether written or oral.
You understand and agree that You are solely responsible for periodically reviewing the Terms of Service. You must report any violations of these Terms. To do so, send an email to customerservice@StartMeeting.com for assistance.
TAXES . You shall be responsible for all applicable taxes (including but not limited to withholding tax, sales tax, services tax, value-added tax (VAT), goods and services tax (GST), tariffs, Universal Services Fund (USF) fees (currently applicable to toll free services) and/or duties (collectively, “Taxes ”) imposed by any government entity or collecting agency based on the Services, except those Taxes based on Start Meeting net income, and/or those Taxes for which You have provided a certificate confirming you are otherwise exempt. If You fail to satisfy Your Tax obligations herein, You agree to reimburse Start Meeting for any Taxes paid on Your behalf and indemnify and hold Start Meeting harmless against any claim, liability and/or penalties resulting therefrom.