Terms of Use

Last updated February 13, 2024

This website, accessible through uniform resource locators www.startuphealth.com and any other sub-domains or other websites in the StartUp Health network, including but not limited to hub.startuphealth.com, healthtransformer.co (collectively, the "Site"), is provided by StartUp Health Holdings, Inc., (“StartUp Health,” "we," "our," or "us") to the person accessing the Site ("you," or "your").

1. You Agree to These Terms by Using the Site

Your access to, and use of, the Site is subject to the following Terms of Use and all applicable laws and regulations. By accessing and using the Site, you have read, understood, and accept, without limitation or qualification, these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

We may revise these Terms of Use from time to time. The changes will not be retroactive, and the most current version of the Terms of Use, which will always be located on the Site, will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification posted to the Site or an email to the email associated with your account, and you waive any right to receive specific notice of each such revision.  It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such Terms of Use are posted.

You may not modify these Terms of Use except in a writing signed by StartUp Health. We recommend that you print a copy of these Terms of Use for your records.

2. Permitted Use of the Site

The information and materials on the Site are provided to you for (a) general informational purposes, (b) registering for the StartUp Health Network, StartUp Health HQ, or other programs or offerings, and (c) applying to the StartUp Health Academy, or other programs or offerings. You may use the Site solely for the purpose of learning about StartUp Health or accessing or using the functionality provided on the Site (such as application functionality). You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on the Site for any other purpose.  You must be at least 13 years old to use the Site.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

3. Interactive Features

The Site may, from time to time, offer features that allow our users to interact with each other. StartUp Health does not and cannot review content exchanged in connection with such interaction and is not responsible for the content of such interaction. You acknowledge that by providing any interactive features on the Site, StartUp Health is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto. However, StartUp Health reserves the right to block or remove communications or materials that it determines to be unacceptable to StartUp Health in its sole discretion. Harassment in any manner or form on the Site, including via e­mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any StartUp Health personnel or representative, as well as other members or visitors on the Site is prohibited. 

4. Accounts and Account Security

You may need to create an account to use some of the features on our Site. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage or embarrassment you suffer arising from your failure to maintain a secure account.

5. Submission and Use of Content

The following information is considered “Content” submitted to the Site:

  • Information submitted in connection with applying or registering for any programs or offerings on the Site (including but not limited to joining the StartUp Health Academy), such as certain information about you and your company. 

  • Information submitted through features on the site, such as your Company Profile, the Join Conversation feature, creating Events, creating or commenting on Posts or Articles, Questions or Polls, messaging and other interactive features offered through the Site. You should only provide this type of Content that you are comfortable sharing with others.

  • Any other information that you provide to us through any contact form, live event registration processes, surveys, or other means of communication offered on the Site.

By submitting the Content, you represent and warrant that: the Content does not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party; if your employer has rights to the Content, you have either (i) received permission from your employer to post or make available the Content, or (ii) secured from your employer a waiver as to all rights in or to the Content; the Content is not spam, is not machine­ or randomly ­generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party websites or boost the search engine rankings of third party websites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing); the Content is not obscene and does not violate the privacy or publicity rights of any third party; and the Content is not provided in a manner that is misleading or misrepresents your skills or needs. 

You may not upload to, distribute, or otherwise publish through the Site any Content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party, or which may otherwise give rise to liability or violate any law.

As between you and StartUp Health, you own all Content that you submit to the Site.  By submitting Content to StartUp Health, you grant StartUp Health a world­wide, royalty­ free, and non­exclusive license to reproduce, modify, adapt, and publish the Content solely for the purposes described during submission and for the uses described in our Privacy Policy.

6. Notice: Electronic Communications

When you visit the Site or send e­mails to StartUp Health, you are communicating with us electronically and you consent to receive electronic communications from us by e­mail. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Privacy & Code of Conduct

StartUp Health's Privacy Policy is incorporated and made part of these Terms of Use. You hereby agree to such Privacy Policy. Any information collected by the Site or that you transmit to the Site will be used by StartUp Health in accordance with the Privacy Policy.

StartUp Health’s Code of Conduct is also incorporated and made part of these Terms of Use.  You hereby agree to such Code of Conduct.  Failure to adhere to the Code of Conduct could result in the cancellation of your account, your access to the Site blocked, and removal from any programs and offerings made to you through the Site.

8. Typographical Errors or Mistakes

StartUp Health shall have no liability for any typographical errors, inaccuracies or omissions presented on the Site (such as descriptions, pricing, availability, and various other information). In the event of an error, inaccuracy or omission, StartUp Health’s sole responsibility shall be to correct such error, inaccuracy or omission. StartUp Health reserves the right to correct any errors, inaccuracies or omissions and to change or update the information on the Site at any time, without prior notice.

9. Indemnification and Release

You understand and agree that you are personally responsible for your behavior on the Site. You agree to release, indemnify, defend, and hold harmless StartUp Health, including its parents, subsidiaries, affiliates, and all of our respective officers, directors, partners, employees, agents, representatives, licensors, and suppliers from and against all losses, liabilities, claims, demands, expenses, damages and costs, including reasonable attorneys' fees and expenses, resulting from (i) your access to or use of the Site, (ii) any violation of these Terms of Use (including any negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. StartUp Health reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of StartUp Health. StartUp Health will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

10. DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF STARTUP HEALTH TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

A. THE SITE, ITS CONTENT, MATERIALS, AND PRODUCTS ON THE SITE ARE MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT STARTUP HEALTH MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF OUR SERVICES IS AT YOUR OWN DISCRETION AND RISK. STARTUP HEALTH MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF OUR SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, STARTUP HEALTH IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, OR INFORMATION FOUND ON, OR MADE AVAILABLE THROUGH THE SITE. 

B. StartUp Health does not represent or warrant that the functions contained in the Site will be uninterrupted or error-­free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. StartUp Health does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

C. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, STARTUP HEALTH HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON­INFRINGEMENT.

D. THE SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. STARTUP HEALTH IS NOT RESPONSIBLE FOR DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS NOT CAUSED BY STARTUP HEALTH. NOTHING IN THESE LEGAL TERMS WILL BE CONSTRUED TO OBLIGATE US TO MAINTAIN AND SUPPORT THE SITE OR TO SUPPLY ANY CORRECTIONS, UPDATES, OR RELEASES IN CONNECTION THEREWITH.

E. STARTUP HEALTH WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, RELIANCE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO (i) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (ii) LOST OR CORRUPTED DATA, INFORMATION, PROGRAMS OR SOFTWARE; (iii) LOSS OF USE OF A SYSTEM OR NETWORK; (iv) LOSS OF BUSINESS OPPORTUNITY; (v) REPUTATIONAL HARM; OR (vi) BUSINESS INTERRUPTION OR DOWNTIME.  

F. STARTUP HEALTH’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE (INCLUDING WITH RESPECT TO THE SITE) IN ANY 12-MONTH PERIOD WILL NOT EXCEED $100.  

G. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS WILL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.

11. Third-­Party Links

In an attempt to provide increased value to our visitors, the Site may contain links to websites operated by third parties. When you click on a link to any other website or location, you will leave our Site and you will be subject to the terms of use and privacy policy applicable to those websites. We have no control over, do not review, and cannot be responsible for, these outside websites or their content, and your use of such websites is at your own risk. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites. Some of the services made available through our Site may be subject to additional third party or open source licensing terms and disclosures, which are incorporated herein by reference. Without limiting the foregoing, StartUp Health specifically disclaims any responsibility if such third websites: infringe any third party's intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory. StartUp Health does not endorse the content, or any products or services available, on such websites. Nonetheless, StartUp Health seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for websites it links to as well (including if a specific link does not work).

12. Trademarks

The following trademarks are our property: StartUp Health, StartUp Health Network, StartUp Health HQ, StartUp Health Academy, StartUp Health Ventures, StartUp Health Festival, StartUp Health Insider, StartUp Health Insights, StartUp Health NOW, and Health Transformer. These marks may not be used without our consent on any product or service, except our own.

13. Copyright

Copyright © 2024, StartUp Health Holdings, Inc. ALL RIGHTS RESERVED. 

Except for information created or otherwise owned by you or licensed by you from third-parties, including all information provided by you to us through the Site or for use in connection with the Site, all right, title, and interest in the intellectual property embodied in the Site, including the know-how and methods by which the Site is provided and the processes that make up the Site, will belong solely and exclusively to us or our licensors, and you will have no rights in any of the above, except as expressly granted in these Terms of Use.  These embody valuable trade secrets and proprietary rights of StartUp Health and/or our licensors and are protected by U.S. and international intellectual property laws. 

Without limiting the foregoing, all content included on the Site, such as member or company lists, applications, downloads, copy, member or company lists, applications, downloads, copy, text, information, information, graphics, information, logos, button icons, tools, resources, images, audio clips, digital downloads, data compilations, software or any other copyrightable or legally protectable information or materials, is the property of StartUp Health or its content suppliers and protected by U.S. and international copyright laws. The compilation of all content on the Site is the exclusive property of StartUp Health and protected by U.S. and international copyright laws. 

All software used on the Site is the property of StartUp Health or its software suppliers and protected by U.S. and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.

14. Copyright Complaints

StartUp Health respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at confidential@startuphealth.com.

15.  Acceptable Use Policy 

You must use reasonable security precautions in connection with your use of the Site and comply with all laws and regulations applicable to your use of the Site. Our Acceptable Use Policy follows (the “AUP”):  

You are prohibited from (1) attempting to use or gain unauthorized access to our or to any third-party's networks or equipment by or through the Site or otherwise; (2) permitting other individuals or entities to copy the Site or any of its content; (3) providing unauthorized access or sharing your credentials to the Site; (4) attempting to probe, scan or test the vulnerability of the Site or of a system, account or network of StartUp Health or any of our customers or suppliers; (5) interfering or attempting to interfere with service to any user, host or network; (6) engaging in fraudulent, offensive or illegal activity of any nature; (7) uploading any content, or engaging in any activity, that is pornographic, obscene, harassing, abusive, slanderous or defamatory or that encourages, promotes or expresses racism, hatred, bigotry or violence; (8) engaging in any activity that infringes the intellectual property rights or privacy rights of any individual or third-party; (9) transmitting unsolicited bulk or commercial messages; (10) distributing worms, Trojan horses, viruses, corrupted files or any similar items; (11) restricting, inhibiting or otherwise interfering with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Site (except for tools with safety and security functions); or (12) restricting, inhibiting, interfering with or otherwise disrupting or causing a performance degradation to any StartUp Health (or StartUp Health supplier) facilities used to deliver the Site. StartUp Health may in its sole discretion determine whether your use of the Site is a violation of this AUP.

We may investigate suspected violations of this AUP. We may report suspected violations of this AUP to applicable law-enforcement authorities or third-parties and may cooperate with any investigation of illegal activities associated with your use of the Site, the system or network, or any violation of this AUP.  We may revise the AUP to add or modify restrictions on use of the Site, provided that the changes are commercially reasonable, consistent with industry norms and apply to all customers.

16. Suspensions & Maintenance 

We may suspend all or part of the Site or your access thereto: (i) if you are delinquent on payment obligations, if any; (ii) upon receipt of a subpoena or law-enforcement request; or (iii) when we have a commercially reasonable belief that you have breached these Terms of Use or that your use of the Site poses an imminent security risk or may subject StartUp Health to liability. 

It may be necessary for us to perform scheduled or unscheduled patches, updates, repairs or maintenance, which may temporarily degrade the quality of the Site or result in a partial or complete outage of the Site. Although we cannot guarantee that you will receive advance notice of repairs or maintenance, we will endeavor to provide reasonable notice of scheduled updates and patches.

17. Export Control

Software and other materials from the Site may be subject to U.S. Export Control. The U.S. Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, Crimea and covered regions of Ukraine, or any other country to which the U.S. has embargoed goods; or anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. StartUp Health does not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the U.S. Export Control Laws. You represent and warrant that you are not organized under the laws of, operating from, or otherwise located or resident in a country or territory that is subject to U.S. economic or trade sanctions (i.e. an embargo); identified on a list of prohibited or restricted persons; or otherwise the target of US sanctions.

18. Law and Jurisdiction

These Terms of Use and your use of the Site are governed by the laws of the State of New York, without regard to its choice of law provisions. You irrevocably consent that the courts of general jurisdiction located within the State of New York, will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK COUNTY, NEW YORK.

19. Miscellaneous

These Terms of Use and any policies or operating rules posted by StartUp Health on the Site or in respect to the Site constitute the entire agreement and understanding between you and us regarding the use of the Site, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. These Terms of Use, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with StartUp Health’s prior written consent, but StartUp Health may assign its rights and duties under these Terms of Use to any party without restriction at any time without notice to you. Any attempted assignment by you shall violate these Terms of Use and be void. StartUp Health shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond StartUp Health’s reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of a provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agreed that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use. The section titles in the Terms are for convenience only and have no legal or contractual effect.

20. Questions and Feedback

We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site to info@startuphealth.com. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, any claims and assertions of any moral rights contained in such Feedback against StartUp Health.