Terms of Service for StarterSuccess "Software as a Service" Applications
- StarterSuccess Contact Management
- StarterSuccess Marketing Communications
- StarterSuccess Issue Tracking
IMPORTANT - PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS
This License Agreement for one or more of the StarterSuccess Applications by Lodestar Technology Labs, LLC (the "Agreement") is a legal agreement between you or the company that you are authorized to represent ("You") and Lodestar Technology Labs, LLC ("Lodestar"). This Agreement governs your use of the online software programs that Lodestar makes available to its Subscribers for the purpose stated in each of the applications. By clicking the "Accept" button below, you acknowledge that you have read this agreement, understand it and agree to be bound by its terms. Lodestar recommends that Subscribers print a copy of this Agreement and retain such copy for future reference.
1. AUTHORIZATION OF ACCOUNT
Lodestar authorizes each of its Subscribers to establish a single account on its MasterKey platform using the web based functions available at www.StarterSuccess.com. Each Subscriber will access the Software as a Service applications to which they have subscribed through a "Dashboard" with access links to each of the applications. Each subscription includes two (2) user accounts. Additional user accounts are available at an additional cost. The initial setup will establish the username and password of the Company Administrator. The Company Administrator is responsible for setting up and administering access for all other Company Users having access to each specific application.
2. GRANT OF LICENSE
Subject to your compliance with all terms of this Agreement, Lodestar hereby grants to You a limited, nontransferable, non-exclusive license to use the Software under the terms stated in this Agreement for use in your business or profession. The grant of rights hereunder to the Software is not a sale of the Software or any portion thereof and does not convey any rights of ownership in the Software. Lodestar reserves all rights not expressly granted by this Agreement and You hereby acknowledge that all title and ownership of the Program and all associated intellectual property rights are and shall remain with Lodestar.
3. LICENSE RESTRICTIONS
This Agreement does not include the right to make copies, translations, or modifications of or to the Software Program or any portion. You may not sell, distribute, lease, rent, sublicense, modify, change, alter, assign or transfer the Software Program or this license. You may not reverse-engineer, reverse-translate, disassemble, or decompile the Software Program, or any portion thereof, or otherwise attempt to discover the source code or structural framework of the Software. You may not create any derivative work based upon the Program by altering, modifying or translating the code of the Software. You may not obscure or remove any copyright or trademark notice from the Software.
Subscriber must not allow any access to or use of the Software by anyone other than Subscriber's employees or associates directly involved in the business for which transactions are being recorded, and any such use must be consistent with the terms, conditions and restrictions set forth in this Agreement.
Lodestar reserves all rights not expressly granted to You in this Agreement.
4. DATA OWNERSHIP
We respect your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Lodestar the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your Account for Lodestar's commercial, marketing or any similar purpose. But you grant Lodestar permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your account solely as required for the purpose of providing the Services to you.
5. USER GENERATED CONTENT
You may transmit or publish content created by you using any of the Services or otherwise. However, you shall be solely responsible for such content and the consequences of its transmission or publication. Any content made public will be publicly accessible through the internet and may be crawled and indexed by search engines. You are responsible for ensuring that you do not accidentally make any private content publicly available. Any content that you may receive from other users of the Services, is provided to you AS IS for your information and personal use only and you agree not to use, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise exploit such content for any purpose, without the express written consent of the person who owns the rights to such content. In the course of using any of the Services, if you come across any content with copyright notice(s) or any copy protection feature(s), you agree not to remove such copyright notice(s) or disable such copy protection feature(s) as the case may be. By making any copyrighted/copyrightable content available on any of the Services you affirm that you have the consent, authorization or permission, as the case may be from every person who may claim any rights in such content to make such content available in such manner. Further, by making any content available in the manner aforementioned, you expressly agree that Lodestar will have the right to block access to or remove such content made available by you, if Lodestar receives complaints concerning any illegality or infringement of third party rights in such content. By using any of the Services and transmitting or publishing any content using such service, you expressly consent to determination of questions of illegality or infringement of third party rights in such content by the agent designated by Lodestar for this purpose.
For procedure relating to complaints of illegality or infringement of third party rights in content transmitted or published using the Services, click here.
If you wish to protest any blocking or removal of content by Lodestar, you may do so in the manner provided here.
6. SAMPLE FILES AND APPLICATIONS
Lodestar may provide sample files and applications for the purpose of demonstrating the possibility of using the Services effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Lodestar makes no warranty, either express or implied, as to the accuracy, usefulness, completeness or reliability of the information or the sample files and applications.
7. LIMITATION OF WARRANTY
Because software is inherently complex and may not be free from errors, you are advised to verify the work produced by the Software Program. If the reports generated by the Software are used for decision making, tax reporting or other critical purposes, they should be carefully reviewed for accuracy. It is the sole responsibility of the Subscriber to confirm that information is accurate before it is used in either decision making or external reporting.
No employee, agent or representative of Lodestar, nor any reseller (including the person or company who sold You the Subscription) or any other third party, is authorized to make any warranty with respect to the Software, and You may not rely on any such unauthorized warranty. Lodestar does not warranty that this Software is adequate for the specific needs of any particular business. It is intentionally designed as to have limited and simplified functionality considered appropriate for small companies and, therefore, is not intended to comply with the relatively sophisticated requirements of larger companies.
Regardless of the failure of any remedy set forth herein, in no event will Lodestar or its suppliers be liable to Subscriber or to any third party for any lost profits, lost data, interruption of business, or other special, indirect, incidental or consequential damages of any kind arising out of the use or inability to use the Software or any data supplied therewith, even if Lodestar has been advised of the possibility of such loss or damages and whether or not such loss or damages are foreseeable. Subscriber expressly acknowledges that the use of this Software is provided at a modest subscription fee and that Subscriber is solely responsible for determining whether the Software is adequate to meet the needs for which it is being applied. Each party expressly acknowledges and agrees that the foregoing limitations of liability and allocation of risk reflect part of the bargained-for exchange of the parties with respect to this Agreement and the Software.
All warranties stated in this Agreement apply only when the Program is used within the United States of America and its territories. Lodestar does not represent or warrant that your use of the Software will be uninterrupted or error free. Lodestar shall not be liable for any loss or damage in connection with or arising out of the interruption or loss of use of the Software or any failure of the Software to meet the requirements of the business of the Subscriber.
8. DISCLAIMER REGARDING LINKS TO EXTERNAL SITES
The Software Program may include links to other Web sites on the Internet that are owned and operated by third parties not under the control of Lodestar. Lodestar provides the links for Your convenience only and does not provide a warranty of any type regarding the actions of such third parties or the security of information sent to such third parties while You are using their Web sites. Under no circumstances shall Lodestar, or its subsidiaries or affiliates, be responsible or liable in any way for the availability of services or products offered, or the content located on or through, any such third party's Web site.
9. EXPORT RESTRICTIONS
The Parties shall abide by all foreign and United States federal, state and local laws, ordinances, rules and regulations applicable to the transactions contemplated hereunder. You agree to comply to the extent applicable with the United States Export Administration regulations, the International Traffic in Arms regulations and any regulations or licenses administered by the Department of the Treasury's Office of Foreign Assets Control.
Lodestar disclaims any responsibility to provide any customer support except as may be determined by Lodestar in its sole discretion to be commercially reasonable. Lodestar may be unable to deliver this Software to certain of its Subscribers in a fully functional manner due to incompatibility of computer hardware, internet browsers or other technical specifications. Should Lodestar determine that one of the Software Programs cannot be delivered to a particular Subscriber, then that Subscriber shall have no recourse other than cancellation of its Subscription.
11. TERM AND TERMINATION
This Agreement shall commence on the date You subscribe to the Software Program and shall continue until the earlier of: (i) the date it is terminated in accordance with the terms herein; or (ii) your acceptance of a superseding license agreement. This license, and all of Lodestar's obligations hereunder, automatically terminate if You fail to comply with any provision of this Agreement or upon the discontinuation of your Subscription. Your Subscription may be terminated by You at the end of any Subscription period. Failure to pay the Subscription renewal fee shall constitute termination of the Subscription by You. Software has a limited useful life for various reasons including changes in technology and due to changes in the needs of a business user. You are free to decide and responsible for deciding when to replace the Software Program. Lodestar reserves the right to terminate its support of the Software Program should it determine, in its sole discretion, that continued support of the Software Program is not economically viable. In the event of such a decision, Lodestar will take such steps as it considers appropriate to provide notice of termination and opportunity to retrieve data before the service is discontinued.
12. U.S. GOVERNMENT RESTRICTED RIGHTS
If the Program is to be provided under a U.S. Government contract, the U.S. government's right to use, modify, reproduce, release or disclose the Program is subject to restrictions set forth in subparagraph (c)(1)(ii) of The Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs(c)(1) and (2) of the Commercial Computer Software - Restricted Rights at 48 CFR 52-227-19, as applicable. The contractor/manufacturer is Lodestar Technology Labs, LLC, 3340 Peachtree Road, Suite 2300, Atlanta, Georgia 30326.
a. To the fullest extent permitted by law and consistent with valid entry into a binding agreement, the controlling language of this Agreement is English and any translation you have received has been provided solely for your convenience. In the event You have entered into this Agreement by means of the display of a translated version of this Agreement in a language other than U.S. English, you may request a U.S. English language version of this Agreement by notice to Lodestar. To the fullest extent permitted by law, all correspondence and communication between You and Lodestar under this Agreement must be in English language. The exclusive judicial forum for any action that You bring to enforce this Agreement shall be an appropriate federal or state court located in Georgia, and each party hereby irrevocably submits and waives any objection to the exclusive jurisdiction and forum of such courts.
b. Sections 12 (Limitation of Liability), 14(b) (Term & Termination), 15(b) (Governing Law) and this Section 15(g) shall survive the expiration or termination of this Agreement.
c. This Agreement constitutes the entire agreement between You and Lodestar with respect to the subject matter hereof, and supersedes all proposals, oral or written, and all other communications between the parties with respect to such subject matter. This Agreement shall not be modified, except by written agreement signed by the parties hereto.
d. Lodestar shall not be liable for and shall be excused from any failure to deliver or perform or for delay in delivery or performance due to causes beyond its reasonable control, including but not limited to, work stoppages, shortages, civil disturbances, terrorist actions, transportation problems, interruptions or power or communications, failure or suppliers or subcontractors, natural disasters or other acts of God.
e. All notices given hereunder shall be in writing and sent by overnight courier or delivered in person: (i) if to Lodestar, to Lodestar Technology Labs, LLC, 3340 Peachtree Road, Suite 2300, Atlanta, Georgia 30326; and (ii) if to You, to the address You indicated in your Account Profile.