Welcome to 40Billion.com!
ACCEPTANCE OF TERMS
The Service is provided by 40Billion.com, Inc., and you understand and agree to the following: (a) if you choose to register, you must submit a valid e-mail address and select a password during the registration process; (b) You are responsible for maintaining the confidentiality of your password, and all uses of your account -- whether or not you've authorized such use; (d) You are responsible for maintaining the confidentiality of other member's contact information; (d) You agree to notify 40Billion.com, Inc. immediately of any unauthorized use of your account and (e) You are at least 18 years of age. 40Billion.com, Inc. will not be held liable for any loss or damage for non-compliance. In addition, you understand and agree that the content of all users, including your content, will be collected, aggregated and anonymously integrated into the 40Billion.com Service and that 40Billion.com, Inc. will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, 40Billion.com, Inc. in no way controls, verifies, or endorses any of the information contained on or in the 40Billion.com service outside official documentation. This includes links, member actions, Raises, funding, and messages.
Further, the information on this Web site is general only and is not intended as legal advice for any individual or companies, and you should not rely on it as such. 40Billion.com, Inc. and its affiliates are not responsible in any way for any damages - whether direct, indirect, special or consequential - resulting from your use of this Web site or the information thereon.
Registration is required to use most the features in 40Billion.com. As part of the registration process for the Service, you agree to: (a) provide certain limited information about you as prompted to do so by the Service (such information to be current, complete and accurate); and (b) maintain and update this information as required to keep it current, complete and accurate. The information requested upon original sign up shall be referred to as registration data ("Registration Data"). 40Billion.com reserves the right to delete accounts created by users who appropriate the name, likeness, email address, or other personally identifiable information of another individual. 40Billion.com, Inc. reserves the right to refuse the Service to any user.
TRANSACTIONS BETWEEN INDIVIDUALS
40Billion.com acts as an intermediary between individuals raising money (or Entrepreneurs) and individuals providing money (or Funders). 40Billion.com facilitates transferring deposits from Funders to Entrepreneurs. You understand that 40Billion.com does not oversee the performance or punctuality of the Entrepreneur after said funds have been transferred. 40Billion.com also makes no guarantees regarding the performance or fairness of its payment service, PayPal Inc. 40Billion.com, Inc. shall not be liable for your interactions with any organizations and/or individuals found on or through the 40Billion.com service after funds have been transferred. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. After 40Billion.com transfers funds to the Entrepreneur, all subsequent dealings are solely between you and such organizations and/or individuals. You agree that 40Billion.com, Inc. is not responsible for any damage or loss incurred as a result of any such dealings. 40Billion.com, Inc. is under no obligation to become involved in disputes between Entrepreneurs and Funders, between site members, or between site members and any third party. In the event of a dispute, you release 40Billion.com, Inc., its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service. Though 40Billion.com cannot be held liable for the actions of an Entrepreneur, Entrepreneurs are nevertheless wholly responsible for fulfilling obligations both implied and stated in any fundraising request they create. 40Billion.com reserves the right to cancel a fundraising request at any time for any reason. 40Billion.com reserves the right to remove a fundraising request from the listings for any reason.
40Billion.com, Inc. may collect information about overall site activity to improve its service. 40Billion.com, Inc. will not sell your personal information to any third party at any time. 40Billion.com may use contact information to investigate misuse of its service.
COPYRIGHTS, TRADEMARKS AND INTELLECTUAL PROPERTY
"40Billion", "40Billion.com" and the 40Billion.com logo and other names, logos, icons and marks identifying 40Billion.com products and services are trademarks or registered trademarks of 3 Guys in a Garage, LLC, a Delaware limited liability company, and may not be used without the prior written permission of 3 Guys in a Garage, LLC. All rights not expressly granted in this Agreement are reserved to 40Billion.com, Inc. You understand and agree that any uploading or posting will be at your sole risk and 40Billion.com, Inc. shall not be responsible to you in any way. Further, 40Billion.com, Inc. does not provide any warranty as to your use of any third party content or software that you obtain from the 40Billion.com site. You may not post, distribute, reproduce or sell in any way any copyrighted material, trademarks, or other proprietary information that you do not have legal authorization to use.
When providing 40Billion.com with content or posting content using 40Billion.com services, you grant 40Billion.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable (through multiple tiers) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future. Further, to the fullest extent permitted under applicable law, you waive your moral rights and promise not to assert such rights against 40Billion.com, its sublicensees or its assignees. You represent and warrant that none of the following infringe any intellectual property or publicity right: your provision of content to 40Billion.com, your posting of content using the 40Billion.com services, and 40Billion.com's use of such content (including of works derived from it) in connection with the 40Billion.com services.
FUNDRAISING REQUESTS AND OTHER CONTENT
You are fully responsible for any content you post on the 40Billion.com service, including, but not limited to, photos, personal profile(s), business profile(s), and messages. You understand and agree that 40Billion.com, Inc. may delete or interrupt any fundraising request at any time for any reason. Grounds for deletion of a fundraising request include, but are not limited to, frivolous content or unrealistic targets. You understand and agree that 40Billion.com, Inc. may review from time to time and delete any content that violates this Agreement or which might be offensive, illegal, or harm the safety of or violate the rights of other users and members. Content that is illegal or prohibited, includes, but is not limited to, material, text, graphics, video or audio that:
By Member: You may terminate the Member Agreement at any time. Termination of the Member Agreement also terminates these Terms of Service. To terminate the Member Agreement, you must notify 40Billion.com by sending e-mail to info (at) 40Billion.com. After receipt of your termination notice, 40Billion.com will terminate your account. By 40Billion.com: 40Billion.com may terminate the Member Agreement at any time in the event of a breach of this Agreement by Member or anyone accessing the Service using Member's email address. 40Billion.com, at its sole discretion, may also terminate this Agreement at any time without cause, and may suspend access to the Service with or without notice, to any User.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE 40BILLION.COM SITE IS AT YOUR SOLE 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 FILES, SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT. THE SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE 40BILLION.COM SITE ARE PROVIDED ON AN "AS IS" BASIS. 40BILLION.COM, INC., ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER 40BILLION.COM, INC., NOR ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY THAT THE SOFTWARE, SERVICES AND/OR ANY GRAPHICS OR OTHER CONTENT YOU DOWNLOAD FROM THE 40BILLION.COM SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SOFTWARE OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES 40BILLION.COM, INC., ITS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. 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 40BILLION.COM, INC., BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SOFTWARE, SERVICE, AND/OR ANY GRAPHICS OR OTHER CONTENT, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EVEN IF 40BILLION.COM, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER 40BILLION.COM, INC. SHALL HAVE NO LIABILITY TO YOU OR OTHER THIRD PARTIES FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SERVICE. 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.
YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD 40BILLION.COM, INC. HARMLESS FROM AND AGAINST ANY LOSS, COST, DAMAGES, LIABILITY, AND/OR EXPENSE ARISING OUT OF OR RELATING TO (A) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS OF INFRINGEMENT BASED ON INFORMATION, DATA OR CONTENT YOU SUBMITTED IN CONNECTION WITH THE SERVICE, (B) ANY FRAUD OR MANIPULATION, OR OTHER BREACH OF THIS AGREEMENT, BY YOU, OR (C) THIRD PARTY CLAIMS, ACTIONS OR ALLEGATIONS BROUGHT AGAINST 40BILLION.COM, INC. ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.
This Agreement is governed in all respects by the laws of the State of Georgia, U.S.A, without reference to its conflicts of laws, principles and any dispute arising hereunder shall be submitted to state and federal courts in Clayton County or Fulton County, Georgia and you consent to the exclusive jurisdiction of such courts. 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. 40Billion.com, Inc.'s failure to act with respect to a breach by you does not waive 40Billion.com, Inc.'s 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. 40Billion.com, Inc. shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond 40Billion.com, Inc.'s reasonable control. Any notice required or given to you under this Agreement shall be delivered by electronic mail at the e-mail address provided by you during registration. This Agreement constitutes 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 reviewing the terms of this Agreement from time to time. Any continued use of the Software or Service by you after such amended terms have been posted or information regarding such amendment has been sent to you, shall be deemed your consent and agreement to such amended terms.