Legal | Jumpstart

legal

Terms

legal disclaimer

Jumpstart Energy Inc. is an electronic crowdfunding platform (the "Website") focused on renewable energy and clean technologies. Jumpstart Energy Inc. neither is a registered broker-dealer nor offers investment advice. It does not advise any party on raising capital through debt or equity securities offerings. In no way whatsoever does Jumpstart Energy Inc. recommend or otherwise suggest that any funder contribute to a particular Jumpstart project. No securities transactions are executed or negotiated on or through the Jumpstart Energy Inc. platform. Jumpstart Energy Inc. receives no compensation in connection with the purchase or sale of securities.

terms of use agreement

This document constitutes the Terms of Use agreement ("Agreement") between Jumpstartenergy.co and Jumpstart Energy Inc. (collectively, "Jumpstart Energy Inc.") and you, as a user of the Website ("you" or "User"). In order to be permitted to use the Website, all Jumpstart Energy Inc. Users, including both Offerors and prospective funders, must read and accept every aspect of this and any other agreement or policy issued by Jumpstart Energy Inc., . Jumpstart Energy Inc. reserves the right to modify this Agreement at any time. Your continued use of Jumpstartenergy.co indicates your unconditional and irrevocable acceptance of all changes made to this Agreement at any time. Jumpstart Energy Inc. reserves the right to revoke any User’s rights or privileges at any time in its sole discretion.

1. offeror acknowledgement

Any Jumpstart Energy Inc. User posting an offering the site ("Offeror") represents and agrees that nothing contained herein constitutes an offer to sell or solicitation of an offer to buy any security, and that if any offer or sale of securities is deemed to have occurred by reason of a posting or listing on this Website such offer and sale is made in full compliance with all state and federal securities laws. Offeror shall indemnify and hold harmless Jumpstart Energy Inc. from any claims made by a third party with respect to any posting made by the Offeror. No one shall be entitled to claim detrimental reliance on any views or information provided or expressed on this Website. If you are dissatisfied with any content on this Website, or with any or all of this Agreement, your sole and exclusive remedy is to stop accessing this Website.

2. Funder Acknowledgement

By agreeing to the Terms of Use, any potential funder on the site affirmatively acknowledges and agrees that none of the information posted on Jumpstartenergy.co or provided by Jumpstart Energy Inc. is intended to invite, induce or encourage any person to make a financial decision. Further, none of the information on Jumpstartenergy.co or provided by Jumpstart Energy Inc. constitutes a solicitation, recommendation, or offer to buy or sell investment instruments, or to engage in any other kind of transaction. Similarly, none of the information on Jumpstartenergy.co or provided by Jumpstart Energy Inc. is intended to constitute investment or financial advice.

You should not rely on any information on Jumpstartenergy.co or provided by Jumpstart Energy Inc., including any statements made within Jumpstartenergy.co, for financial or investment advice and you are advised to confirm such information with your financial and tax advisor, who should be responsible for taking whatever steps are necessary to check all information and personally assuring that the advice he or she provides is based on accurate and complete information and research. No one shall be entitled to claim detrimental reliance on any views or information provided or expressed on this Website. If you are dissatisfied with any content on this Website, or with any or all of this Agreement, your sole and exclusive remedy is to stop accessing this Website.

3. Jumpstartenergy.co

Jumpstartenergy.co is an Internet-based service that allows renewable energy and cleantech companies to connect with individuals who are interested in helping to support them by pledging money in exchange for a reward upon a successful fundraise.

4. Registration Conditions

Jumpstartenergy.co or any affiliated services may not be used by persons under the age of 18. Users are prohibited from transferring or profiting from the transfer of their Jumpstart Energy Inc. account to another party. If you do not meet these requirements, you are not eligible to use Jumpstartenergy.co. If you are dissatisfied with any content on this Website, or with any or all of this Agreement, your sole and exclusive remedy is to stop accessing this Website.

5. Terms of Information Use

Jumpstart Energy Inc. is authorized to use any information that is provided by Jumpstart Energy Inc. Users or affiliates. This information is used at no charge from the Users and may be used for any purpose associated with Jumpstart Energy Inc. , or any affiliates. All information that an Offeror posts on Jumpstartenergy.co is completely the Offeror's responsibility. Jumpstart Energy Inc. is not responsible for any misrepresentation of facts or other errors in Offeror content. While Jumpstart Energy Inc. uses commercially reasonable efforts to ensure the integrity of the information on Jumpstartenergy.co, it cannot guarantee the truthfulness of the information that each User provides through Jumpstartenergy.co, and is in no way liable for any Offeror statements or representations. Jumpstart Energy Inc., reserves the right to release any User information or other information if required to do so by law.

6. Confidential Information Exchange

All information posted on or submitted to Jumpstartenergy.co, including messages, is the property of Jumpstart Energy Inc. . Users are requested not to send any confidential information through Jumpstartenergy.co.

7. Use of Jumpstartenergy.co

Your use of Jumpstartenergy.co shall comply with the terms of this Agreement. Jumpstartenergy.co may refuse or revoke service or other offerings without prior notice to any User or potential User for any reason. Users must obey all applicable local, national, and international laws associated with the use of Jumpstartenergy.co and any affiliated services.

Users take complete responsibility for all activities that occur under their Jumpstart Energy Inc. account with or without their prior knowledge or consent. In the event that you discover any unauthorized use of your account, you must immediately notify Jumpstartenergy.co so that the proper actions can be taken.

8. Types of Business Supported

Jumpstart Energy Inc. reserves the right to limit postings on the site to opportunities related to renewable energy, environmentally-friendly (also known as “cleantech”) technologies, and other sustainable ventures.

9. Terms of Use

Users agree not to use Jumpstartenergy.co or any services provided by Jumpstart Energy Inc. or its affiliates to:

  1. Sell securities or other investment instruments in violation of state or federal securities laws;
  2. Commit any illegal or unlawful acts;
  3. Harm Jumpstart Energy Inc. in any way through any means;
  4. "Spam" or contact other Users on the system with unsolicited communications;
  5. Collect or resell data containing other Users' profile or personal information or any other information on Jumpstartenergy.co
  6. Harass other Users or anyone else in any way;
  7. Make any misrepresentation;
  8. Commit any unethical or abusive actions, as determined by Jumpstart Energy Inc. in its sole discretion; or
  9. Solicit or attempt to solicit funders or Offerors to leave Jumpstartenergy.co;

10. Intellectual Property Rights — Offerors

Offerors have the ability upload content to the Website. Jumpstart Energy Inc. will not have any ownership rights in your content, however, Jumpstart Energy Inc. needs the following license to perform hosting services. Each Offeror hereby grants to Jumpstart Energy Inc. the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (a) use, host, display, and otherwise convey an offering on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit (collectively, "Host") the content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Website); (b) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks (and allow Users to do the same); and (c) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of hosting services.

You agree to pay all royalties and other amounts owed to any person or entity due to your submission of your content to Jumpstart Energy Inc. or the Jumpstart Energy Inc.’s hosting of the content as contemplated by these Terms of Use.

To enable Jumpstart Energy Inc. to host your content pursuant to the above provisions, you hereby grant to Jumpstart Energy Inc. the worldwide, non-exclusive, perpetual, royalty-free, sub licensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the provision of hosting services.

11. Intellectual Property Rights — Users

Jumpstart Energy Inc. may provide Users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Website (collectively, the "User Submissions"). By Submitting User Submissions on the Website or otherwise through Jumpstart Energy Inc., you:

  1. acknowledge that by Submitting any User Submission to the Website, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
  2. grant Jumpstart Energy Inc. a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sub licensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Submissions in connection with the Website, the Service and Jumpstart Energy Inc.’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You also hereby do and shall grant each User of the Website and/or the Service a non-exclusive license to access your User Submissions through the Website and the Service, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to Jumpstart Energy Inc. does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
  3. represent and warrant, and can demonstrate to Jumpstart Energy Inc.’s full satisfaction upon request that you (i) own or otherwise control all rights to all content in your User Submissions, or that the content in such User Submissions is in the public domain, (ii) you have full authority to act on behalf of any and all owners of any right, title or interest in and to any content in your User Submissions to use such content as contemplated by these Terms of Use and to grant the license rights set forth above, (iii) you have the permission to use the name and likeness of each identifiable individual person and to use such individual’s identifying or personal information as contemplated by these Terms of Use; and (iv) you are authorized to grant all of the aforementioned rights to the User Submissions to Jumpstart Energy Inc. and all Users of the Website;
  4. you agree to pay all royalties and other amounts owed to any person or entity due to your Submission of any User Submissions to the Service;
  5. that the use or other exploitation of such User Submissions by Jumpstart Energy Inc. and use or other exploitation by Users of the Website and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and
  6. understand that Jumpstart Energy Inc. shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Website is the sole responsibility of the person from which such content originated and that Jumpstart Energy Inc. will not be liable for any errors or omissions in any content; and that Jumpstart Energy Inc. cannot guarantee the identity of any other Users with whom you may interact in the course of using the Website.
  7. Jumpstart Energy Inc. does not endorse and has no control over any User Submission. Jumpstart Energy Inc. cannot guarantee the authenticity of any data that Users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.

12. Disciplinary Guidelines

Jumpstart Energy Inc. has set in place a listing of disciplinary guidelines for regarding the use of Jumpstartenergy.co or any affiliated services. Jumpstart Energy Inc. may, but is not obligated to, enforce penalties for breaching these guidelines. You agree that Jumpstartenergy.co may immediately suspend or terminate your Jumpstart Energy Inc. account and all access to Jumpstartenergy.co and other services without prior notice.

The following actions will lead to the suspension or termination by Jumpstartenergy.co of a User's account:

  1. Violation of this Terms of Use or Agreement;
  2. Violation of any applicable laws;
  3. A User's request to have their own profile removed; or
  4. Account inactivity.
  5. Account termination will include, but is NOT limited to the previous items and events listed. Jumpstart Energy Inc. account suspension or termination includes the complete stoppage of all use of Jumpstartenergy.co and any affiliated services. All account suspensions or terminations will be made at Jumpstart Energy Inc. 's discretion and without necessarily consulting any other parties. Jumpstart Energy Inc. is not liable for any damages associated with the suspension or termination of a User's account.

13. Refund Policy

Jumpstartenergy.co does not offer refunds for reasons other than our error. Under no circumstances shall Jumpstart Energy Inc. be held responsible for charges incurred by you as a result of any purchases or renewals through or in connection with the Website. It is the sole responsibility of you as a customer to ensure fees from your financial institution do not occur by taking the necessary action to avoid them. Jumpstartenergy.co is not liable for any fees incurred due to billing errors.

14. Limitation of Liability

By accepting this User Agreement, you agree that Jumpstart Energy Inc. and any persons or entities associated or affiliated with Jumpstart Energy Inc. are not responsible for any damages to any party as a result of using the services provided or transacting business with Jumpstart Energy Inc. or affiliates.

In no event shall Jumpstart Energy Inc. be liable for any loss of earnings or any other commercial damages, losses or expenses arising out of or in correlation with an independent transaction, agreement, or interaction between Users.

ALL OF THE INFORMATION AND SERVICES PROVIDED TO YOU DIRECTLY OR INDIRECTLY FROM THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES OTHERWISE IMPLIED BY PERFORMANCE OR USAGE OF TRADE. ALL WARRANTIES ARE EXPRESSLY DISCLAIMED. YOU ASSUME TOTAL AND ABSOLUTE RESPONSIBILITY AND RISK IN ACCESSING, USING, AND BROWSING THIS WEBSITE.

Jumpstart Energy Inc. does not warrant that this site will be available or secure at any time or location, or that content or software used to operate this site will be free of errors, defects, viruses, or other harmful components. By accessing this Website and potentially linking to other websites from this Website, you are doing so at your own risk.

Jumpstart Energy Inc. makes no representation or warranty, express or implied, that information posted on this site is complete or accurate. Jumpstart Energy Inc. will strive to verify the accuracy of information provided on this site; however, Jumpstart Energy Inc. shall not be responsible, liable, or have any obligation to you or any other person or entity for any reason as a result of any interactions, inaccuracy, errors, delays, omissions, or lack of performance, as a result of this site or any content hereof, or once you link to any other website from this site.

If you have any questions or would like to report any violations of these Terms of Service or other policies set forth by Jumpstart Energy Inc. please contact team@jumpstartenergy.co

15. General Provisions

  1. This Website is controlled and operated from offices within the State of Washington, United States of America. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without giving effect to any principles of conflicts of law. You agree that any action arising out of or in relation to your use of this Website or this Agreement shall be filed only in the State of Washington and you consent and submit to personal jurisdiction of the Washington courts for the purpose of adjudicating any such action.
  2. If any provision of this Agreement is determined to be invalid, that provision will be eliminated to the minimum extent necessary and the remainder of the Agreement shall continue in full force and effect. The failure of Jumpstart Energy Inc. to exercise any right provided in this Agreement shall not be deemed a waiver of such right.


Last Updated: August 31, 2018