Effective: January 9, 2026

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1. Acceptance of Terms

These Website Terms of Use (these “Terms”) govern your access to websites and related products and services operated by or on behalf of Startup Tucson (“Startup Tucson,” “our,” “we,” or “us”), including those associated with its Tenwest festival and related events, products, and services. These Terms are important and affect your legal rights, so please read them carefully (including the arbitration and class action waiver provisions).

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NOTE THAT SECTION 13 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

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By accessing or using https://tenwest.com (the “Website”) and our various related websites, events, products, and services (collectively, the “TENWEST Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference.

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You must be 18 years of age or older and reside in the United States or any of its territories to use the TENWEST Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not, authorize you to access or use the TENWEST Services or any features provided therein.

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By accessing or using the TENWEST Services, you represent and warrant that you have not been previously suspended or removed from the TENWEST Services or engaged in any activity that could result in suspension or removal from the TENWEST Services.

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You should not construe Startup Tucson’s publication of any content found on the TENWEST Services as an endorsement by Startup Tucson of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, or action made by the author of such content.

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We may revise these Terms at any time for any reason and may provide notice of these changes to you by any reasonable means, including through the TENWEST Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse, or use the TENWEST Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not, and we do not, authorize you to use the TENWEST Services. We strongly recommend that you periodically visit this page to review these Terms.

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2. User Registration

 

2.1 Registration

In order to access and use certain areas or features of the TENWEST Services, you may need to provide certain information and/or answer certain questions or create an account. Each registration is for a single user only, unless the specific terms applicable to an event or service explicitly state otherwise.

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You agree to (a) provide accurate, current, and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the TENWEST Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the TENWEST Services. If you provide information that is untrue, inaccurate, not current, or incomplete, we may suspend and/or terminate your current or future use of the TENWEST Services.

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By providing information and/or answering questions, you also consent to receive electronic communications from Startup Tucson (e.g., via email or by posting notices to the TENWEST Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.

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We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the “unsubscribe” link provided therein.

 

2.2 TENWEST Account (“Account”)

In order to access and use certain portions or features of the TENWEST Services, you may be required to create an account. You are required to provide accurate and complete account information during Account creation and activation, and you agree to maintain and assure the accuracy of such Account for its duration. You shall not transfer such Account to another party. Each Account registration is valid for a single user unless otherwise expressly specified. If a third party accesses the TENWEST Services using an Account you create, we will assume that it is you who is accessing the TENWEST Services. You agree to be responsible for any use of such Account and all activities that occur using the information you provide, as well as any acts or omissions of any third party who has authority to access or use the TENWEST Services on your behalf. We reserve the right to take any action we deem necessary to ensure the security of the TENWEST Services, including terminating or suspending any Account or any portion thereof, or requesting additional information to authorize purchases or registrations through any Account. You agree to notify us immediately in writing if you learn of or suspect any security breaches relating to the TENWEST Services or to any Account.

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The TENWEST Services may enable Account holders to register for events provided by Startup Tucson or access products and services provided by third parties. Events organized and hosted by Startup Tucson are subject to the specific terms, conditions, event policies www.tenwest.com/event-policies (the “Event Policy”) and code of conduct www.tenwest.com/code-of-conduct (the “Code of Conduct”) provided at the time of event registration.

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Your attendance and participation in events hosted by Startup Tucson, including but not limited to the TENWEST Festival and related events and services, is subject to your acceptance of and adherence to the terms of our Event Policy, located at www.tenwest.com/event-policies, and Code of Conduct, located at www.tenwest.com/code-of-conduct. By attending and participating in an event hosted by Startup Tucson you agree to adhere to our Event Policy and Code of Conduct. If you do not agree to adhere to our Event Policy or Code of Conduct, you may not attend or participate in events hosted by Startup Tucson nor the TENWEST Festival or related events and services. If you fail to adhere to our Event Policy or Code of Conduct, we may remove you from any event hosted by Startup Tucson.

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While we strive to provide accurate information and quality programming, we make no representations or warranties regarding the content, scheduling, or any particular outcome of any event.  We do not warrant that the event or your participation in the event will meet your expectations or any particular purpose, and we specifically disclaim any responsibility or liability therefor.

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Events provided through the TENWEST Services may be hosted by or offered through third parties (the “Third Party Event(s)”). Any Third-Party Event is provided only as a convenience to you and shall not be construed as owned or operated by Startup Tucson. Nothing in the TENWEST Services should be construed as an endorsement or recommendation by Startup Tucson of any Third-Party Event, program, event, or other persons or companies. Startup Tucson does not own or operate the Third-Party Events, and is not responsible for their content, operation, or any related activity.

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 Your choice to attend a program or event hosted by Startup Tucson or any third party is at your sole discretion and risk, and you agree to comply with all terms and conditions relating to such programs and events. Startup Tucson makes no representations, endorsements, or warranties regarding any Third-Party Events or the likelihood of achieving any specific business results or success following attendance in any program or event whatsoever. Startup Tucson does not assume any liability arising from your participation in any Third-Party Event or any program or event whatsoever.

 

2.3 Purchases

Certain features of the TENWEST Services may require you to provide payment, including, but not limited to, purchases and registrations. We reserve the sole and exclusive right to determine prices for any program, event, or any other product or service on or through the TENWEST Services or offered by Startup Tucson (whether through the Website or a third party website or product/service offering), which prices shall be subject to change without notice. Before you provide payment of any fees or costs, you will have an opportunity to review the payment to be charged. All payment amounts are denominated in the stated currency. All purchases are non-refundable unless otherwise specified in these Terms or the applicable Event Policy. We reserve the right to deny any refund requests that do not comply with the applicable policy or these Terms.

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You agree that any purchase you make through the TENWEST Services constitutes an offer to place an order. The price charged to you for your use of the applicable TENWEST Services will be the price in effect at the time you offer to place an order, as set out in the corresponding confirmation email. Price changes will only apply to offers to place orders received after such price change.

We strive to display accurate information; however, there may be inadvertent typographical errors, inaccuracies, or omissions, including in relation to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to refuse to accept or otherwise cancel any offers to place orders arising from such occurrences. We encourage you to check our applicable pages periodically for current information. We reserve the right to determine and change the TENWEST Services, including, but not limited to, pricing and fees, without advance notice, except where advance notice is required by applicable law.

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You agree that any registration or purchase you make through the TENWEST Services constitutes an offer to participate in the program or event listed in such offer. All offers must be accepted by us or we will not be obligated to provide you with any program or event. We may choose not to accept offers at our sole discretion, even after we send you a confirmation email with your offer’s order number and details of the TENWEST Services you have offered to order. You represent and warrant that any and all financial information you provide is accurate and up to date and that you have authority to authorize any such payment. You represent and warrant that charges incurred by you will be honored by your credit card company or payment provider. By placing an offer for an order, you represent and warrant that you agree to pay any posted prices and any other disclosed charges, regardless of the amount listed on the TENWEST Services at the time of your offer to place an order.

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All purchases and registrations through the TENWEST Services are governed by these Terms and any other terms provided to you by us, as well the terms provided by any third-party payment processor (“Payment Processor”) or any other third-party service provider relating to your use of the TENWEST Services (“Provider”). You understand and agree that: (a) we are not responsible for your obligations relating to any Payment Processor or Provider, including: (i) any delays, cancellations, or issues that may arise during or after your purchase, and  (ii) any agreements or relationships you may enter into with such Payment Processor or Provider; (b) we do not exercise any control over any Payment Processor or Provider; (c) we are not responsible for any third party’s obligations relating to any Payment Processor or Provider; (d) we specifically disclaim any liability relating thereto; (e) your use of any information, products, or services provided by a Payment Processor or Provider is at your own risk; (f) you must direct to the Payment Processor or Provider (as applicable) any complaints, claims, concerns, or questions regarding any of Payment Processor’s or Provider’s website(s), product(s), or service(s), or any third-party website, product, or service linked thereto; and (g) you will review and comply with any terms and conditions of any Payment Processor and/or Provider, as applicable to your purchases through the TENWEST Services.

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Additional terms and conditions may also apply to specific events we may provide, from time to time and in our sole discretion, through the TENWEST Services (collectively, “Additional Terms”). You are required to consent to such Additional Terms in order to participate in such events. Your participation in such events will be deemed your consent to such Additional Terms. If you do not consent to the Additional Terms, do not attend such events. All such Additional Terms shall supplement these Terms.

If there is a conflict between any Additional Terms and these Terms, then these Terms will govern. We, in our sole discretion, may provide different features or different pricing to any of our customers. These features or prices, unless provided by us to you, will not apply to your use of the TENWEST Services or to these Terms.

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Payments are not refundable unless otherwise specified in these Terms or the applicable Payment Processor or Provider policy. We reserve the right to deny any such refund requests that do not comply with these Terms. Refund requests for payments provided to the Payment Processor or Provider shall be subject to the Payment Processor’s or Provider’s (as applicable) refund policy. We shall not be responsible or liable for any transaction you make through or with the Payment Processor or Provider, and you shall look exclusively to the Payment Processor or Provider (as applicable) to resolve any disputes relating thereto. If we offer any ticket transfer options, such transfers are subject to these terms and any restrictions and requirements provided at the time of purchase and our event policies located at www.tenwest.com/event-policies.

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All programs and events provided through the TENWEST Services are provided solely for entertainment and informational purposes. Participation in any program or event does not guarantee any particular result or outcome. Startup Tucson makes no representations or warranties regarding the likelihood of achieving any specific result, goal, or success relating to or resulting from participation in any program or event, or any use of the TENWEST Services. We expressly disclaim any and all representations to the contrary. You agree that we shall not be responsible or liable for any act, omission, or statement, by you or any other party relating to the TENWEST Services.

 

2.4 Sponsors, Collaborators, Speakers, and Volunteers

Startup Tucson may engage sponsors, collaborators, speakers, or individuals who apply to serve as volunteers in connection with the TENWEST Services, including for its programs, events, and services (collectively, the “Consultant Parties”). Participation by the Consultant Parties does not constitute an endorsement of any kind by Startup Tucson. We make no representations or warranties, express or implied, regarding the quality, accuracy, effectiveness, or results of any contributions, guidance, advice, recommendations, products, or services provided by any of the Consultant Parties, and we expressly disclaim any and all responsibility and liability for all of the foregoing.

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To the extent you participate as a Consultant Party, you acknowledge and agree that Startup Tucson is not responsible or liable for any acts, omissions, statements, outcomes, or results arising from your participation in any of the TENWEST Services or any programs or events provided through the TENWEST Services, and you waive any claims against Startup Tucson related to any content, advice, or services you choose to provide.

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3. Right to Access and Use the TENWEST Services and Content

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Your access to and use of the TENWEST Services is subject to your acceptance of and adherence to the terms of our Code of Conduct, located at www.tenwest.com/code-of-conduct. If you do not agree to adhere to our Code of Conduct, you may not use the TENWEST Services. If you fail to adhere to our Code of Conduct, we may terminate or suspend your access to and use of the TENWEST Services at any time without notice.

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Unless otherwise indicated in writing by us, the TENWEST Services and all content and other materials contained therein, including, without limitation, any Startup Tucson trademark or logo, TENWEST trademark or logo,  and all designs, text, graphics, pictures, information, data, software, images, video, audio, educational/informational content, and any other files, information, and materials, and the selection and arrangement thereof (collectively, “Content”) are the property of Startup Tucson or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws. All marks, logos, and intellectual property of any third party referenced in the TENWEST Services are owned by such respective third parties and are not granted to you under any license, unless otherwise granted under a separate agreement between you and such third party.

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Subject to these Terms, you are hereby granted a limited, personal, revocable, non‑exclusive, non‑transferable, non‑sublicensable right to access, view, and make personal, non‑commercial use of the TENWEST Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the TENWEST Services or Content under these Terms, or any other rights thereto other than to use the TENWEST Services in accordance with the rights expressly granted in these Terms, and subject to all terms, conditions, and restrictions herein.

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You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell, or use commercially the TENWEST Services or Content; (b) distribute, publicly perform, or publicly display the TENWEST Services or any Content; (c) modify or otherwise make any derivative uses of the TENWEST Services or Content, or any portion thereof; (d) use any data mining, robots, or similar data gathering or extraction methods; (e) download (other than page caching) any portion of the TENWEST Services or Content, except as expressly permitted by us; (f) use the TENWEST Services to stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights or rights of publicity; (g) interfere with the TENWEST Services or servers or networks used in connection with the TENWEST Services; or (h) use the TENWEST Services or Content other than for their intended purposes.

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Any use of the TENWEST Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright, or other proprietary rights of Startup Tucson or any third party, whether by estoppel, implication, or otherwise.

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You will not remove, alter, or conceal any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Content.

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We reserve the right in our sole discretion to modify, suspend, or discontinue, temporarily or permanently, the TENWEST Services (or any features or parts thereof) at any time.

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4. Trademarks

The Startup Tucson trademarks, TENWEST logo and trademarks, and any other TENWEST product or service names, trademarks, logos, or other indicia that may appear on the TENWEST Services or related products or services (“Marks”) are the property of Startup Tucson or its subsidiaries, affiliates, or third parties, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the TENWEST Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Startup Tucson or such third party that may own such Marks.

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5. Legal Requirements; Privacy Policy

Our Privacy Policy describes how we handle the personal information you provide to us when you use the TENWEST Services. For an explanation of our privacy practices, please visit our Privacy Policy located at www.tenwest.com/privacy-policy.

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6. User Content

You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, email, or otherwise transmit (“Transmit”) in connection with the TENWEST Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including, without limitation, republication) or misuse by any third party of information made public through the TENWEST Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.

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You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable; (b) Transmit any User Content that is false, inaccurate, misleading, fraudulent, or deceptive in any respect;  (c) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark, or other intellectual property right or misappropriates any trade secret or right of privacy of any third party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data; or (d) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the TENWEST Services.

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Although we have no obligation to screen, edit, or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen, or edit User Content posted or stored on the TENWEST Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the TENWEST Services, at your sole cost and expense.

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7. Rights in User Content

We do not claim any ownership interest in User Content. However, by uploading, posting, or submitting User Content to the TENWEST Services or to our pages or feeds on third-party social media platforms (e.g., Startup Tucson’s Facebook page, Instagram, LinkedIn page, and related TENWEST pages and content), you hereby grant Startup Tucson a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic, and other commercial and noncommercial purposes. However, Startup Tucson will only share personal information that you provide in accordance with our Privacy Policy.

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You agree that Startup Tucson may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations, or rules of any federal, state, or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Startup Tucson, its customers, or the public.

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8. Feedback

Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials, or other information or feedback about Startup Tucson, TENWEST, or the TENWEST Services (collectively, “Feedback”). Feedback shall become the sole property of Startup Tucson. Startup Tucson shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

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9. Third-Party Sites

We have not reviewed all of the websites linked to the TENWEST Services and are not responsible for the content of any third-party pages, any other websites linked to the TENWEST Services, or any products or services offered by third parties. Nothing in the TENWEST Services, including, without limitation, any links to other websites, should be construed as an endorsement by Startup Tucson of any products, services, or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Startup Tucson reserves the right not to link, or to remove the link, to a particular website at any time.

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Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by TENWEST. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.

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10. Indemnification

You shall indemnify, hold harmless, and, at Startup Tucson’s option, defend Startup Tucson and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, and costs (including reasonable attorneys’ fees) (“Losses”) incurred by Startup Tucson as a result of any third-party claim, suit, action, or proceeding relating to or arising from your use of the TENWEST Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the TENWEST Services or any of its features. You further agree that Startup Tucson shall have control of the defense or settlement of any third-party claims unless Startup Tucson exercises its option to require you to defend Startup Tucson. You may not settle any such Losses without Startup Tucson’s prior written consent. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Startup Tucson.

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11. General Disclaimers

WE DO NOT ENDORSE, PRODUCE, DIRECTLY PROVIDE, OR CONTROL ANY THIRD-PARTY PRODUCTS, SERVICES, OR INFORMATION OFFERED ON OR THROUGH THE TENWEST SERVICES, AND ANY REFERENCE TO ANY OF THE FOREGOING DOES NOT INDICATE AN AFFILIATION THEREWITH. WE DO NOT PROVIDE ANY WARRANTIES WITH RESPECT TO ANY PRODUCTS, SERVICES, OR INFORMATION OFFERED BY STARTUP TUCSON OR ANY THIRD PARTY ON THE TENWEST SERVICES.

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The TENWEST services and the content are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible by law, STARTUP TUCSON does not make any representations, warranties, or endorsements of any kind whatsoever, express or implied, as to: (a) the TENWEST services; (b) content; (c) user content; or (d) security associated with the transmission of information to or from the TENWEST services. STARTUP TUCSON hereby disclaims all warranties, express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, that any results will be achieved, non‑infringement, title, custom, trade, quiet enjoyment, system integration, and freedom from computer virus.

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STARTUP TUCSON does not represent or warrant that the TENWEST services will be error-free or uninterrupted; that defects will be corrected; or that the TENWEST services or the servers that make the TENWEST services available are free from any harmful components, including, without limitation, viruses. STARTUP TUCSON does not make any representations or warranties that the information (including any instructions) on the TENWEST services is accurate, complete, or useful. You acknowledge that your use of the TENWEST services is at your sole risk. STARTUP TUCSON does not warrant that your use of the TENWEST services is lawful in any particular jurisdiction. STARTUP TUCSON specifically disclaims all such warranties. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you to the extent such jurisdiction’s law is applicable to you and these terms.

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By accessing or using the TENWEST services, you represent and warrant that your activities are lawful in every jurisdiction where you access or use the TENWEST services.

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12. Limitation of Liability; Waiver

To the fullest extent permitted by law, in no event shall STARTUP TUCSON be liable for any indirect, special, incidental, PUNITIVE, EXEMPLARY, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the TENWEST services (including, but not limited to, user content and links to third-party websites, OR ANY THIRD-PARTY PRODUCTS OR SERVICES), or the order, receipt, or use of any product or service, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from STARTUP TUCSON, or from events beyond STARTUP TUCSON’S reasonable control, regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive, or imputed), or any other legal or equitable theory, even if STARTUP TUCSON has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

To the fullest extent permitted by applicable law, in no event shall the maximum aggregate liability of STARTUP TUCSON arising out of or in any way related to the TENWEST services exceed TWO hundred dollars ($200). The foregoing limitations shall apply even in the event your remedies hereunder fail of their essential purpose, and the foregoing shall constitute STARTUP TUCSON’s sole liability and obligation in respect hereof.

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If you are a California resident, you hereby waive your rights under California Civil Code 1542, which states “a general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

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13. Arbitration

Please read the following section carefully because it requires you to arbitrate certain disputes and claims with STARTUP TUCSON and limits the manner in which you can seek relief from us.

You and STARTUP TUCSON agree that any dispute, claim, or controversy arising out of or relating in any way to these terms or the TENWEST services shall be finally decided by binding arbitration under the rules of the American arbitration association governing consumer disputes. THE PREVAILING PARTY IN ANY SUCH ARBITRATION SHALL BE ENTITLED TO RECOVER FROM THE NON-PREVAILING PARTY ITS REASONABLE ATTORNEYS’ FEES, COSTS, AND EXPENSES, IN ADDITION TO ANY OTHER RELIEF TO WHICH IT MAY BE ENTITLED.

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Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Startup Tucson agree that any in‑person arbitral hearing will occur in the United States in the County of Pima, within the State of Arizona. The parties further agree that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association, to the extent applicable. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Startup Tucson are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the TENWEST Services. Further, unless both you and Startup Tucson agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

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14. Class Action Waiver

Regardless of the forum, you and STARTUP TUCSON agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

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15. Termination

Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the TENWEST Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.

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16. Governing Law and Jurisdiction

Startup Tucson operates the TENWEST Services from the State of Arizona, U.S.A. These Terms and the transactions they contemplate, including, without limitation, their interpretation, construction, performance, and enforcement, shall be governed by the laws of the State of Arizona, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods and other international treaties that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply. Subject to the foregoing limitations in the Arbitration provision, in the event of any claim arising out of or relating to these Terms, the existence, breach, termination, enforcement, interpretation, or validity thereof, or your access to or use of the TENWEST Services at any time, you: (1) agree that the sole and exclusive jurisdiction for such claim shall lie with the state and federal courts sitting in Tucson, Arizona, no matter where the alleged harm, damage, or loss occurred; (2) agree to submit to the jurisdiction of the courts located in Tucson, Arizona; and (3) hereby waive and agree not to raise any objections or defenses based upon venue or forum non conveniens with respect to such courts.

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17. Notice

All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Startup Tucson at the following contact: info@startuptucson.com. Any notices to you may be made via either email or postal mail to the address in Startup Tucson’s records or via posting on the TENWEST Services. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.

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Startup Tucson is committed to making our electronic and information technologies accessible and user friendly to everyone in accordance with the requirements of applicable laws. Please be aware that we view accessibility as an ongoing effort and are continually seeking solutions that will ensure accessibility to all users. To help develop improvements, maintain conformance, and provide an accessible experience for all users, we test our Website across various assistive technologies, browsers, and devices. We recommend trying different types of browsers with assistive technology applications to determine which combination works best for your system. If you are having difficulty accessing, viewing, or navigating the content on this Website, or notice any content, feature, or functionality that you believe is not fully accessible to individuals with disabilities, please contact info@startuptucson.com provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all of our customers and our overall accessibility policies. Additionally, while we do not control third parties, we strongly encourage third party providers of third-party digital content to provide content that is accessible and user friendly. Finally, persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.

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18. Severability

If any term, clause, or provision of these Terms is held invalid or unenforceable, then that term, clause, or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause, or provision, or any other term, clause, or provision of these Terms.

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19. Procedure for Making Claims of Copyright Infringement

If you believe in good faith that any of the content on the TENWEST Services infringes your copyright, please provide our copyright agent the following written information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the TENWEST Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.

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TENWEST’s copyright agent for notice of claims of copyright infringement can be reached as follows:

P.O. Box 1214

Tucson, AZ, 85701
info@startuptucson.com

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20. Miscellaneous

The TENWEST Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Startup Tucson relating to your access to and use of the TENWEST Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Startup Tucson. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent, or subsequent circumstance, and Startup Tucson’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.