Terms of Service for StarterSuccess "Software as a Service" Applications
- StarterSuccess Contact Management
- StarterSuccess Marketing Communications
- StarterSuccess Issue Tracking
- StarterSuccess Business Plan Builder
- StarterSuccess Website Builder
- StarterSuccess Employee Data Manager
- StarterSuccess HR Communications
- StarterSuccess Corporate Minute Writer
- StarterSuccess Business Consultation
- StarterSuccess Master Class
- StarterSuccess Business Risk Assessment
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
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
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
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
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.
Last updated on October 20, 2009