The Campaign is an online crowdfunding event to raise funds to help develop new and affordable earthquake insurance product(s). Jumpstart is offering contributors various rewards, future discounts, and other tangible and intangible benefits (collectively “Perks”). Some Perks are offered based on future events and, therefore, they are contingent and may never be earned. All Perks are not offered for sale.
Persons under 18 years of age are not eligible to participate in the Campaign. Contributors are solely responsible for asking questions and investigating the Campaign to the extent they feel is necessary before making a contribution. All contributions are made voluntarily and at the sole discretion and risk of the contributor. Contributions are made immediately, and not contingently based on the Campaign reaching any specific goal. If a contribution is returned to a contributor, the associated Perks, if any, shall be canceled. Jumpstart reserves the right to exclude anyone from the Campaign and to cancel, interrupt, remove or suspend the Campaign or any individual contribution at any time for any reason without liability. All information submitted by a Contributor in connection with the Campaign must be accurate and truthful.
Jumpstart agrees to use all contributions solely for the development and launch of new and affordable earthquake insurance product(s), and to deliver to contributors the Perks associated with their contribution. Jumpstart may not succeed in its efforts to develop and launch earthquake insurance product(s), and makes no guarantee that any product will be launched, that all Perks will be earned or delivered, or that the Campaign will achieve its goals. If Jumpstart determines that its quest to develop earthquake insurance product(s) is not viable, for whatever reason, it promises to refund any unused contributions to each contributor, pro rata. Contributions are not tax-deductible, and Jumpstart is not a not-for-profit company.
Contributors that use PayPal to make a contribution acknowledge and agree to comply with PayPal’s Crowdfunding and Acceptable Use Policies.
Jumpstart has no fiduciary duty to any Contributor. THE CAMPAIGN IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR COURSE OF PERFORMANCE. PARTICIPATION IN THE CAMPAIGN IS AT YOUR OWN RISK.
Limitation of Liability
JUMPSTART (INCLUDING ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ATTORNEYS, SUBCONTRACTORS OR LICENSORS) IS NOT LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR, IN ANY EVENT, FOR DAMAGES EXCEEDING ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF JUMPSTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by a Contributor, but may be assigned by Jumpstart without restriction or consent.
All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
Contributors agree that: (a) the Campaign shall be deemed solely based in California (the principal place of business and corporate headquarters of Jumpstart); and (b) the Campaign shall be deemed a passive one that does not give rise to personal jurisdiction over Jumpstart, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the laws of the State of California, without respect to its conflict of laws principles.
Contributors agree that any and all disputes or claims that have arisen or may arise with Jumpstart relating in any way to or arising out of this Agreement or Contributor’s contribution or other participation in the Campaign shall be resolved exclusively through final and binding arbitration, rather than in court, except that a Contributor may assert claims in small claims court, if their claim(s) qualify. The Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the provisions of the Agreement as a court would. To begin an arbitration proceeding, you must send us a letter requesting arbitration and describing your claim to: Jumpstart Insurance Solutions, Inc., 2625 Alcatraz Ave., Suite 295, Berkeley, CA 94705. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Jumpstart will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you agree to waive any right to a jury trial. You and Jumpstart also both agree that either may bring suit in court to enjoin infringement or other misuse of intellectual property rights. If for any reason, a claim proceeds in court rather than in arbitration, the dispute shall be exclusively brought in a court of competent jurisdiction located in the County of Alameda, California. Subject to the arbitration provisions set forth above, the successful party in any dispute will be entitled to receive from the unsuccessful party all of its reasonable attorneys’ fees, cost, and disbursements.
Contributors agree that Jumpstart may provide notifications via email, written or hard copy notice, or through conspicuous posting of such notice on our website. Contributors may opt out of certain means of notification or to receive certain notifications.
This Agreement, including all incorporated provisions, are the entire agreement between each Contributor and Jumpstart regarding its subject matter. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect. Jumpstart’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.