Welcome to 40billion.com!

ACCEPTANCE OF TERMS

40billion.com is an online service that lets people raise and invest money, as contributions (gifts, donations) and personal loans, for new businesses. To become a member of 40billion.com, you must read and accept all of the terms and conditions of this agreement. If you do not agree to be bound by the terms after you read this agreement, you may not use 40billion.com's service. You agree that we may modify the terms of this Agreement or the Privacy Policy, in our sole discretion, by posting amended terms to this Web site. Your continued use of the service indicates your acceptance of the amended Terms of Use Agreement.

THE SERVICE

The Service is provided by 3 Guys in a Garage, LLC (doing business as “40billion.com”), 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 3 Guys in a Garage, LLC immediately of any unauthorized use of your account and (e) You are at least 18 years of age. 3 Guys in a Garage, LLC 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 3 Guys in a Garage, LLC will use aggregated data collected from you and other users for statistical and analytical reporting purposes. You understand, and agree that, unless expressly stated, 3 Guys in a Garage, LLC 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, investments, 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. 3 Guys in a Garage, LLC 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

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. 3 Guys in a Garage, LLC 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 Investors). 40billion.com facilitates transferring deposits from Investors 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. 3 Guys in a Garage, LLC 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 3 Guys in a Garage, LLC is not responsible for any damage or loss incurred as a result of any such dealings. 3 Guys in a Garage, LLC is under no obligation to become involved in disputes between Entrepreneurs and Investors, between site members, or between site members and any third party. In the event of a dispute, you release 3 Guys in a Garage, LLC, 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.

PRIVACY

3 Guys in a Garage, LLC may collect information about overall site activity to improve its service. 3 Guys in a Garage, LLC 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 AND TRADEMARKS

40billion.com and the 40billion.com logo and other names, logos, icons and marks identifying 40billion.com products and services are 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 3 Guys in a Garage, LLC. You understand and agree that any uploading or posting will be at your sole risk and 3 Guys in a Garage, LLC shall not be responsible to you in any way. Further, 3 Guys in a Garage, LLC 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.

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 3 Guys in a Garage, LLC 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 3 Guys in a Garage, LLC 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:

• Is unlawful, harassing, libelous, abusive, threatening, harmful, bigoted, racially offensive, obscene or otherwise objectionable
• Displays sexually explicit material of any kind.
• Is intended or designed to disrupt an ongoing conversation via flaming (a message in which the writer publicly attacks another participant in overly harsh, or personal terms) or trolling (deliberately posting derogatory or inflammatory comments in order to bait other users into responding).
• Encourages conduct that could constitute a criminal offense, gives rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation
• Transmits or posts any unsolicited or unauthorized advertising, "spam," junk mail, "chain letters," "pyramid schemes," etc.
• Transmits or posts any content that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights
• Transmits or posts any viruses or material designed to disrupt, limit or destroy any functionality of any computer software or hardware of users, members or the 40billion.com service
• Collects, stores or solicits information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, etc. without 3 Guys in a Garage, LLC prior consent
• Contains personally identifiable information about another member that is published without their express consent
• Contains material originally posted by another member that is reposted without permission or attribution
• Advertises any illegal services or the sale of any items prohibited or restricted by applicable law
• Has misleading email addresses or other manipulated identifiers to disguise its origin

TERMINATION

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@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. 3 GUYS IN A GARAGE, LLC, 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 3 GUYS IN A GARAGE, LLC, 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 3 GUYS IN A GARAGE, LLC, 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 3 GUYS IN A GARAGE, LLC, 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 3 GUYS IN A GARAGE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER 3 GUYS IN A GARAGE, LLC 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.

INDEMNITY

YOU HEREBY AGREE, AT YOUR EXPENSE, TO INDEMNIFY, DEFEND AND HOLD 3 GUYS IN A GARAGE, LLC 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 3 GUYS IN A GARAGE, LLC ARISING OUT OF YOUR USE OF THE SERVICE OR SOFTWARE.

GENERAL TERMS

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 Atlanta, 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. 3 Guys in a Garage, LLC’s failure to act with respect to a breach by you does not waive 3 Guys in a Garage, LLC’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. 3 Guys in a Garage, LLC shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond 3 Guys in a Garage, LLC'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.