User Agreement


Welcome to New Venture Lab! We hope you will enjoy and participate in the many services found on our site, but before you begin, there are some important facts which we want you to understand: By using New Venture Lab (NVL), you are agreeing to be bound by these terms and conditions. If you don't wish to be bound by what you read below, don’t use NVL. We may change these terms at any time but will notify you in advance of any material changes. Your continued use of NVL means that you accept any new or modified terms and conditions. So please check back here from time to time.


This user agreement (“Agreement”) sets forth the legally binding terms for use of NVL services. By using the NVL web site, you agree to be bound by this Agreement, whether you are a registered or non-registered user. You are only authorized to use the services and web site provided by NVL if you agree to abide by all applicable provisions of this Agreement. Please read this agreement carefully. If you do not agree with it, you should leave the NVL web site and discontinue use of any of the NVL services.


This Agreement includes NVL’s disclaimer concerning legal and accounting information, NVL’s copyright policies, NVL’s privacy policy, and NVL’s policies concerning VentureNetwork and other user interaction. Additional policies, obligations, and agreements may be connected to various areas, downloads, or content provided at other parts of the site.


NVL may modify this Agreement from time to time and post changes to the NVL web site. By continuing to use the NVL web site after changes in this Agreement are made, you agree to be bound to any changes to this Agreement. You should regularly review the NVL policies to ensure you are updated on any changes.


Legal Disclaimer


Not Legal, Tax, Accounting or Investment Advice


New Venture Lab provides information about the law designed to educate and inform the small business owner or owner-to-be of legal issues. However, the information, forms, and other products offered on this site are not a substitute for the advice of an attorney. We are not your attorney. However, each individual faces different legal issues that do require the specific advice of an attorney. Throughout our interactions with successful family business owners, we hear over and over, “I wish I would have consulted a lawyer earlier. It would have saved me so much time, effort and frustration down the road.” Because these sentiments from experienced business owners are consistent with our own experience, we strongly advise that you consult a competent attorney.


Additionally, because of the constantly changing state of the law, we are not able to give you a guarantee that the information contained in our materials is up to date. We do our best, but suggest you consult an attorney to be sure.


New Venture Lab is not a law firm, a CPA firm or an investment advisory firm and is not engaged in the practice of law, public accounting or investment management. No information contained herein or obtained from New Venture Lab should be considered as legal, financial, investment, accounting or tax advice, nor should it be considered a substitute for such advice.


Copyright Policy for Site Content


The content on this site is protected by U.S. and international copyright laws and is the property of New Venture Lab (NVL), and/or the providers of the content under license. By "content" we mean any information, mode of expression, or other materials and services found on NVL. This includes the VentureAnalysis, VentureNetwork, VentureGlossary, VentureResources, VentureProfiles, and any and all other features found on the site.


You may make one copy of the content you find on this site for your personal, non-commercial use, provided that any material copied remains intact and includes the following notice: "Copyright © New Venture Lab. All rights reserved." Any other copying, distribution, storing, or transmission of any kind, or any sort of commercial use of NVL content is prohibited without our prior written permission.


The compilation of all content on this site is the property of NVL . For personal use only, you may print copies of information, store such files on your computer, and use hypertext links to reference the information. Any other use or redistribution is strictly prohibited unless with the express written permission of NVL . To seek such permission, you may e-mail us through the website on our Contact Us web form.


We reserve the right to change these terms or withdraw any permission at any time and for any reason.


License and Site Access


NVL grants registered users a limited license to access and make personal use of this site. This license does not include any resale or commercial use of this site or any of its contents. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of NVL. No one may frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or forms) of NVL without express written consent. You may not use any meta tags or any other "hidden text" utilizing NVL’s name or trademarks without the express written consent of NVL. Any unauthorized use terminates the permission or license granted by NVL and may give rise to liability for copyright or trademark infringement and other remedies allowed by law. Registered users are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of NVL so long as the link does not portray NVL, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any NVL logo or other proprietary graphic or trademark as part of the link without express written permission.


Copyright Policy for Downloads


All downloads and forms are the property of NVL. NVL grants download purchasers a limited license to use the download for the personal and business purposes of the purchaser. This license does not allow resale or commercial use of these downloads. These downloads may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of NVL.


Copyright Policy for Submissions to New Venture Lab


Please note that, notwithstanding the foregoing, content submitted or posted on the NVL website (such as a guest blog or other presentation) does not result in a surrender of the intellectual property rights of the owner, except that NVL has an unlimited license to republish anything posted on the NVL web site. Aside from that, owners retain the right to use their intellectual property in any legal manner. Anything published or submitted by guests, members, vendors, service providers or others on the NVL website is subject to republication by NVL unless NVL has expressly agreed otherwise. NVL will exercise reasonable care to publish works in context and to properly credit owners of content submitted.


Privacy Policy


Effective Date: This policy was last updated on June 30, 2007.


This page explains how New Venture Lab (NVL) handles information received about users who visit this site or who contact NVL by mail, phone, or e-mail.


All Users


NVL automatically collects and stores: the name of the domain and host from which users access the internet; the internet protocol (IP) addresses of users’ computers; browser software and operating system data of users; dates and times users access the site; and the internet addresses of the sites which link users directly to this site. NVL uses this information only as anonymous collective data to determine the number of visitors to different pages of the site, to ensure everything is working properly, and to help make this site more useful.


NVL may share with third parties certain pieces of aggregated, non-personal information. Such information does not identify users individually.


Registered Users


If users choose to register or otherwise identify themselves when they call, write, e-mail, or use the secure online forms of NVL, NVL collects additional personal information that users provide, such as name, street address, e-mail address, phone number, billing information, and any other information users provide that can be reasonably linked to such information. Without prior notice, NVL may provide this information to a person outside NVL who provides support for the internal operations of the web site and who does not disclose or use that information for any other purpose (e.g. employees, lawyers, auditors, computer service companies, etc.). NVL may use personal information where it is used to render or conduct a business activity related to the business of NVL (for example, the use of an e-mail address to respond to an e-mail communication).


Registered users will automatically be added to NVL's email updates, which are emailed periodically to NVL members. Members may opt out at any time of these e-newsletters by simply clicking on the Unsubscribe link in each e-newsletter issue.


If registered users forget their username or password, NVL will use personal information to identify registered users in order to remind registered users of their username and password. Registered users are responsible for keeping this personal information confidential so that others cannot login and get personal information. For example, if a registered user must answer a secret question or provide personal information to get their username and password, the registered user is responsible for keeping that information confidential to prevent unauthorized use of their account.


Registered users may change any of their personal information by logging-in and updating their personal information. This is the process by which registered users may review and make changes to the personally identifiable information that has been collected about them. NVL offers registered users the ability to have inaccuracies corrected in contact information, financial information, and unique identifiers. Registered users can have this information corrected by visiting their account page.


Information Shared with Third-Parties


NVL will not allow any third party to attach a persistent cookie as a means of developing a personal profile of a user unless NVL first clearly discloses such practice in this privacy policy and provides the user the opportunity to opt-in prior to allowing the third-party to attach the persistent cookie. A "cookie" is a small text file that a Web site can place on a computer's hard drive in order, for example, to collect information about activities on the site or to make it possible for users to use an online "shopping cart" to keep track of items users wish to purchase. The cookie transmits this information back to the Web site's computer which, generally speaking, is the only computer that can read it. Many consumers do not know that "cookies" are being placed on their computers when they visit Web sites. If users want to know when this happens, or to prevent it from happening, users can set their browsers to warn them when a Web site attempts to place a "cookie" on their computer.


Other than to those who provide support for the internal operations of the web site (described above), NVL will never disclose non-sensitive personal information to a third party or use it for a purpose other than its original purpose or the purpose authorized subsequently by the registered user without notifying the registered user and allowing them a reasonable opportunity to opt-out.


Other than to those who provide support for the internal operations of the web site (described above), NVL will never disclose sensitive personal information to a third party or use it for a purpose other than its original purpose or the purpose authorized subsequently by the registered user without the affirmative or explicit (opt-in) choice of the registered user.


Should NVL ever sell, share, or transfer personal information to an external company or third party, NVL will provide a description on this page of those specific types of personal information collected for that purpose.


Transactional information with the personal information of the user removed may be sold in whole or part without the affirmative permission of such user.


Reasonable Disclosures


NVL reserves the right to disclose personal information in response to a subpoena or search warrant, to protect the security or integrity of a web site, to take precautions against liability, and to disclose to law enforcement agencies on matters involving public safety or national security. NVL has the right to collect, use, or disseminate such information to the extent required under law.


Security


NVL takes reasonable precautions to protect personal information from loss, misuse and unauthorized access, disclosure, alteration and destruction. NVL provides reasonable security to protect personal information during its transmission and while it is in our possession. NVL uses secure socket layer (SSL) encryption to protect the transmission of the information users submit when using secure online forms. The information provided to NVL is stored securely. E-mail that is sent is not necessarily secure against interception. If a communication includes sensitive information like a user’s Social Security number, bank account number, or credit or charge card numbers, users should contact NVL through one of NVL’s secure online forms or by mail or telephone.


Other Notes


Should NVL make any material changes to this privacy policy, registered users will be notified by e-mail. NVL cannot notify non-registered users of changes, so all non-registered users should check this page regularly to determine if material changes have been made to the privacy policy. Continued use of this web site constitutes agreement with this privacy policy.


This web site may link to sites and documents located on sites maintained by other persons and organizations. Once users access another site, they are subject to the privacy policy of that site.


Contact NVL:


This web site is owned and operated by New Venture Lab.


If you have technical problems with the operation of this site, please report them to our Webmaster using our Contact Us web form.


If you have questions or complaints regarding our privacy policy or use of your information, please contact us by using our Contact Us web form.



VentureNetwork and Other User Interaction


Governance


Your use of the NVL web site is governed by this user agreement and other policies and agreements located throughout the site. NVL may refuse service without prior notice to any member for any or no reason.


You agree that NVL may, with or without cause, immediately terminate your account and access to the service without prior notice. Without limiting the foregoing, the following will lead to a termination by NVL of a registered user’s use of the service:

(a) breaches or violations of this Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) unexpected technical issues or problems, and (e) extended periods of inactivity. Termination of your account includes (a) removal of access to all offerings within the service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the service. Further, you agree that all terminations shall be made in the Lab's sole discretion and that the Lab shall not be liable to you or any third-party for any termination of your account or access to the service.


You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.


Conduct


NVL seeks to promote interaction and networking among users. All we ask is that all is done in a lawful and civil manner - be it posting a profile, submitting a guest blog, or submitting anything else to the site. You agree to use the Lab for lawful purposes only.


You may not use or allow others to use the web site to:


The above list is illustrative, not exhaustive.


Site Identity


You are responsible for all statements made and acts that occur through the use of your login and password. Please don't disclose your password to anyone. If it has been lost or stolen, change it immediately. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account with or without your knowledge. If you knowingly provide your login and password information to another person, your account privileges may be suspended temporarily or terminated. You agree to immediately notify NVL of any unauthorized use of your password or account or any other breach of security. NVL cannot and will not be liable for any loss or damage arising from your failure to comply with this section.


Monitoring and Enforcement


NVL may, at any time, without prior notice, at our sole discretion, for any reason, and without liability, remove any profile, blog, or any other kind of post (public or private) or terminate your ability to access the NVL site for violating the above provisions. You agree to indemnify NVL and hold it harmless from any actions, claims, proceedings, or liabilities arising out of your violation of these terms and conditions.


While we have the right to monitor activity and content associated with the web site, we are not obligated to do so. And since we do not, and may not have the ability to, control or actively monitor content we do not guarantee its accuracy, integrity or quality, or appropriateness of content. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using our website, you may be exposed to content that you find offensive or objectionable. You can and should contact NVL to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Please remember that you can always choose to refrain from using any part of the web site that may expose you to something with which you are uncomfortable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.


NVL Does Not Endorse Users


The presence of any person on the VentureNetwork does not constitute an endorsement of that person. NVL reserves the right to remove anyone from the network for any reason we, in our sole discretion, deem sufficient. However, the removal of anyone from the VentureNetwork does not mean that we assume any sort of obligation to police the network. You alone are responsible for your own interactions with other members of the network.


Information Provided on this Website


In the course of using the web site, users may provide information about themselves that may be visible to certain other members (see our Privacy Policy to learn more about information collected on this website). You understand that all information publicly posted or privately transmitted through the web site is the sole responsibility of the person from which such content originated and that NVL will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the authenticity of data that has not been previously confirmed and transferred to NVL. In addition, registered users may provide information about themselves or describe relationships that are inaccurate.


The web site also provides job content posted by members themselves, employers, recruiters and third-party job aggregators. You understand that NVL will not be liable for any errors and omissions in any job content.


Final Provisions


Communications


In the course of providing you services, NVL may need to communicate with you via e-mail (see our Privacy Policy to learn more about communications). You agree to receive emails that are specific to your account and necessary for the normal functioning of the web site. You also agree to have your name, and/or e-mail address listed in the header of certain communications that you initiate through the web site.


Term


This agreement will remain in effect despite voluntary or involuntary termination of your membership.

Fees


NVL reserves the right to charge for services and to change its fees from time to time in its discretion. If a user breaches this agreement, the user shall not be entitled to any refund.


Indemnification


By accepting this Agreement, you agree to indemnify and otherwise hold harmless New Venture Lab, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the web site; ii) unauthorized access to or alteration of your communications with or through the web site, or iii) any other matter relating to the web site. Any business transactions that may arise between users from their use of the web site are the sole responsibility of the members involved.


Disclaimer of Warranties


YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT NEW VENTURE LAB DOES NOT ASSUME ANY RESPONSIBILITY FOR PROMPT OR PROPER DELIVERY, OR RETENTION OF ANY MEMBER INFORMATION OR COMMUNICATIONS BETWEEN USERS. NEW VENTURE LAB ASSUMES NO RESPONSIBILITY FOR THE ACCURACY OR EXISTENCE OF ANY COMMUNICATIONS BETWEEN USERS. NEW VENTURE LAB 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.


NEW VENTURE LAB MAKES NO WARRANTY THAT (i) THE WEB SITE WILL MEET YOUR REQUIREMENTS, (ii) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.


ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEW VENTURE LAB, OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.


SOME JURISDICTIONS DO 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 MAY NOT APPLY TO YOU.


Entire Agreement


The Terms of Service constitutes the entire agreement between you and New Venture Labs and governs your use of the web site, superseding any prior agreements, whether written or oral between you and New Venture Lab.


Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEW VENTURE LAB SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NEW VENTURE LAB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT WILL THE SERVICE PROVIDERS OR OPERATORS TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.


Governing Law


If any provision in this Agreement is invalid or unenforceable for whatever reason, that provision is deemed severable from this agreement, and the remaining provisions will continue in full force and effect. The failure of NVL to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is and always will be governed by the laws of the United States of America and the State of Texas (except with respect to choice of law). You agree that the proper forum for any claim arising under this Agreement or otherwise related to the New Venture Lab web site will be the U.S. Court for the Western District of Texas or the appropriate Texas state court and you hereby irrevocably consent to the exclusive jurisdiction and venue of such courts.


General Information


New Venture Lab, the New Venture Lab logo, and other NVL logos and names are trademarks of New Venture Lab. You agree not to display or use these trademarks in any manner without New Venture Lab’s prior, written permission. The section titles of this Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the Agreement to us using our Contact Us web form.


I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.