TERMS & CONDITIONS
1. Acceptance of Terms and Conditions.
THESE TERMS AND CONDITIONS (“AGREEMENT”) ARE A LEGALLY BINDING AGREEMENT BETWEEN YOU (“YOU”, “YOUR” OR “USER”) AND NEW MEXICO STARTUP ALLIANCE, LLC. AND THEIR AFFILIATES, SUBSIDIARIES, PARTNERS, INVESTORS, GENERAL PARTNERS, LIMITED PARTNERS, ANY OTHER ASSOCIATED ENTITIES (“WE”, “US”, OR “NMSA”), THE OWNER AND OPERATOR OF THE NMSA’S WEBSITE (https://www.nmstartupalliance.org/) AND ITS PROGRAMS. THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE WEBSITE AND ARE SUBJECT TO CHANGE AT ANY TIME. BY ACCESSING AND USING THE WEBSITE, YOU ARE INDICATING THAT YOU ACCEPT AND AGREE TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED, AND YOU MUST NOT ACCESS OR USE THIS WEBSITE AND/OR ALL CONNECTED PROGRAMS.
2. Personal Information and Privacy Policy
You agree to provide accurate, current and complete information when and as required for accessing and using the website and participating in any BBB Program and mentorship program. The NMSA’s Privacy Policy explains how Your personally identifiable information is collected, used and disclosed. You agree to be bound by the terms of NMSA’s Privacy Policy which can be found at the following link. We respect your privacy and will use information provided by You only in accordance with this Agreement and the Privacy Policy. Additionally, You acknowledge and agree that third parties may collect information on Our behalf for the purposes of operating the website, the BBB Program, and the mentorship program, in accordance with Our Privacy Policy.
3. Background and Introduction.
The Board Builder Bootcamp is a a 10-month program connecting New Mexico founders and their companies with the boards, advisors, and investors they need to grow organized by the New Mexico Startup Alliance, LLC in partnership with The Fourth Effect, and sponsored by the New Mexico EDD.
The program combines board education, governance tools, and structured advisor matching to help startups build and activate high-impact advisory boards. The program focuses on startups in Advanced Energy, Bioscience, Aerospace and Defense, and Advanced Computing, while also developing a pipeline of board-ready New Mexico executives and connecting participants to national advisor and investor networks.
4. Eligibility.
4.1 General Eligibility. You must be at least eighteen (18) years old to use Our website and register and participate in any NMSA programming. You represent and warrant to us that your registration and use of our website is in compliance with any and all applicable laws and regulations, and You will not use the for any illegal purposes.
4.2 Program Eligibility. We encourage New Mexico companies from ideas to scaling, from the pre-seed to Series A stages apply. Please note that the startup must be a legal, registered entity in the state of New Mexico, not just an idea or an individual project. If you are unsure about your eligibility to apply for the program, please contact us. There are no restrictions on the amount of capital raised. We encourage everyone to apply. There is no application fee.
5. Intellectual Property.
Subject to this Agreement, any applicable intellectual property rights to a participant of the BBB (including the submission materials and presentation content) will be owned by and remain with the NMSA.
6. Publicity and Photography Waiver.
By registering for and attending any virtual or physical events (“Event”) organized by us, The Fourth Effect and our affiliates, you agree and acknowledge that we plan to take photographs and make audio and video recordings (collectively, “Recordings”) at the Event. We may use these assets in marketing materials and for promotional purposes, as determined in our discretion. By participating in the Event, you grant us the right to use and license use of your image, likeness, and voice in Recordings and all media, now or hereafter known, by whatever means exhibited, advertised, or otherwise exploited. This license includes, but is not limited to, posting, or linking on the NMSA’s and partners’ websites and applications, and displaying and promoting in any other media, worldwide, including publication of the name, description, images, video URL, website URL, and team members. You hereby agree to:
a. release and hold us harmless from any and all liability arising out of the use of the Recordings in any manner or media whatsoever;
b. waive any right to inspect or approve the use of the Recordings; and
c. waive any and all actions, suits, or claims relating to use of the Recordings, including claims for invasion of privacy rights or publicity.
All assets and published materials are Our property. Furthermore, Our physical events are held in public spaces and virtual events are held on digital platforms; therefore, we do not prohibit (and cannot reasonably prevent) other registrants, exhibitors, sponsors, media organizations, or other companies from photographing, or making audio or video recordings of Event activities.
7. BBB Program.
7.1 By consenting to these Terms and Conditions, You hereby waive and release any and all claims, demands, and cause of action against Us, our affiliates, subsidiaries, and each of their respective partners, employees, officers, directors, owners, agents, successors and assigns, and any other related parties (collectively referred to as “Representatives”), arising out of or in connection with any events, programs, challenges, or activities organized by Startup World Cup, whether in person or online. This waiver includes, but is not limited to, any claims for personal injury, property damage, or any other loss or damages, whether caused by negligence or otherwise. You acknowledge that you are voluntarily participating and assume all risks associated with participation.
8. Mentorship Program.
8.1 No Endorsement of Mentors and Mentees. While we conduct a minimal level of due diligence on mentors and mentees participating in the mentorship program, we do not perform comprehensive vetting or background checks. Participation in the mentorship program is based on the voluntary involvement of both mentors and mentees, and we do not verify the full credentials or qualifications of participants. Mentors and mentees acknowledge that we do not endorse or guarantee the expertise, advice, or conduct of any participant.
8.2 Assumption of Risk. All participants are encouraged to use their own judgment when engaging with each other. Mentors and mentees assume all risks associated with their participation in the mentorship program and BBB Program. We shall not be held liable for any actions, advice, or outcomes resulting from the mentoring relationships. Participants are solely responsible for their interactions and any decisions made based on the mentoring received.
8.3 Independent Relationships. The relationships formed between mentors and mentees are independent and are not monitored or controlled by Us. Any agreements, arrangements, or understandings between mentors and mentees are solely between the parties involved and do not involve Us.
8.4 No Financial Interest. Mentors shall not have a direct financial interest in any mentored project during their participation in the mentorship program. While serving as mentors, they are discouraged from soliciting or offering services or products to their mentees for their team or any other startup participating in the BBB Program. However, mentors may offer such services or products if mutually agreed upon by the mentor and mentee, provided there is transparency and no conflict of interest that could affect the mentorship relationship.
8.5 Mentors are Not Agents. Mentors participating in the BBB Program are not agents, representatives, or employees of Us. They act in their individual capacities and do not have the authority to bind or represent Us in any manner. Any opinions, advice, or actions taken by mentors are their own and do not reflect the views or positions of the NMSA.
8.6 Confidentiality. By participating in the mentorship program, both mentors and mentees agree to maintain the confidentiality of any proprietary or sensitive information shared during their interactions, unless otherwise agreed to in writing by both parties. This confidentiality obligation extends beyond the conclusion of the program and the BBB Program.
8.7 Conflict of Interest. Mentors agree to disclose any potential conflicts of interest that could affect their ability to provide unbiased guidance to their mentees. If a conflict arises, the mentor agrees to disclose it promptly to Us and may be asked to withdraw from the mentorship relationship if deemed necessary.
8.8 Termination of Mentorship. Either party may terminate the mentoring relationship at any time by providing written notice to the Us. We, in our sole discretion, may terminate any mentorship relationship and a mentor’s or mentee’s participation in such mentorship program.
8.9 No Guarantee of Mentor or Mentee Assignment. Participation in the mentoring program does not guarantee that a mentor will be assigned a mentee, nor that a mentee will be assigned a mentor. We will make reasonable efforts to match mentors with suitable mentees, but there is no obligation to provide a mentee to every mentor or a mentor to every mentee. The matching process may be conducted at Our sole discretion, considering factors such as the mentor's expertise, the mentee's needs, and the availability of both parties. Participants acknowledge that the matching process is subjective and that there is no guarantee of a perfect match. We shall not be held liable for any claims, damages, or losses arising from the failure to assign a mentor to a mentee or a mentee to a mentor. Participants understand and accept that the assignment of mentors and mentees is not guaranteed and that participation in the program is voluntary.
8.10 Reporting Concerns. If You have concerns about the conduct or advice of a mentor or mentee, You are encouraged to report these concerns to Us. We will review the concerns and take appropriate action, if necessary, but We do not guarantee any specific outcome or resolution.
8.11 Waiver and Release of Claims. By participating in the mentorship program, You hereby waive and release any and all claims, demands, and cause of action against Us, our affiliates, subsidiaries, and each of their respective partners, employees, officers, directors, owners, agents, successors and assigns, and any other related parties (collectively referred to as “Representatives”), arising out of or in connection with the mentorship program. This wavier includes, but is not limited to, any claims for personal injury, property damage, or any other loss or damages, whether caused by negligence or otherwise. You acknowledge that you are voluntarily participating and assume all risks associated with the program Mentor.
9. Intellectual Property Rights.
You hereby acknowledge and agree that We or our licensors own, control or possess all legal right, title and interest in and to the website and BBB Program, including but not limited to any copyrights, trademark rights, patent rights, moral rights, and other intellectual property and/or proprietary rights therein, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Your use of the website or participation in the BBB Program does not grant or otherwise confer to You ownership of any kind in the website or any intellectual property that You may access on or through the website or BBB Program. Unauthorized use is strictly prohibited.
You agree that nothing in this Agreement or in any other statements made in connection with the BBB Program, grants to You the right or license to use any intellectual property of NMSA. You will not use the name, trademarks, service marks, logos, any copyrighted material or any other intellectual property of NMSA (collectively, “NMSA IP”) without the express written consent of Us, which We may withhold in Our sole discretion. Further, You agree that You will not use as Your own, any service mark, service name, trade name, trademark, design or logo(s) confusingly similar to those part of or otherwise embodied in the NMSA IP. We retain all rights, including media rights, to promote the BBB Program and the background and story of the BBB Program, including Your participation in the BBB Program in Our sole discretion.
10. Third-Party Sites.
The NMSA website may provide links to third-party websites or apps that are not owned or controlled by NMSA (the “Third-Party Sites”), including but not limited to Twitter, Telegram and partners or sponsors of the NMSA. We provide such links as a convenience to You. We do not review, approve, endorse or make any representations about such Third-Party Sites, the companies or persons who own and operate them, or any information, software or other products and services made available through such Third-Party Sites, or any results that may be obtained from using them. If You decide to access any such Third-Party Sites linked to the website, You are solely responsible for your activities conducted in connection with such Third-Party Sites. Your use of Third-Party Sites is subject to the terms of use and privacy policies located on the Third-Party Sites which may be different from this Agreement or our Privacy Policy and, therefore, We recommend that You review such Third-Party Sites’ privacy policies.
11. Disclaimer of Warranties; No Obligation of Program Entities; and Content.
11.1 Disclaimer.
The NMSA cannot and does not represent or warrant that the website, or the content therein, will be accurate, error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet Your requirements.
THE WEBSITE AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. THE NMSA, ON BEHALF OF ITSELF AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND THIRD-PARTY SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY THE “NMSA PARTIES”): (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE TIMELY, UNINTERRUPTED, STABLE OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR CONTENT WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE USE OF THE WEBSITE OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS OR OTHERWISE. YOUR USE OF THE WEBSITE, CONTENT OR WEBSITE IS ENTIRELY AT YOUR OWN DISCRETION AND RISK AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE OR CONTENT.
11.2 No Obligation of Program Entities
You acknowledges that third parties may submit information to Us separate from the BBB Program that may contain information, ideas, concepts, and approaches similar to, or the same as, those You submit or submitted to the BBB Program, and that We may already be working on information, ideas, concepts, and approaches similar to, or the same as, those You submit or submitted to the BBB Program. By entering, You acknowledge and agree that Our actions with respect to another entry or work of its own or of any third party, even if similar to, or the same as, the Your entry for the BBB Program, will not create any liability of any kind to Us or others involved in the BBB Program. You also acknowledge and agree that participation in the BBB Program, receipt of a prize and/or designation as a semi-finalist, finalist, or winner does not create any obligation on the part of Us to promote, use in any way, or to take any further action regarding the Your entry, submission materials or presentation content or Your involvement in the BBB Program apart from this Agreement.
12.3 Our Content
Any content posted on Our website or sent to Users is published as of its stated date or, if no date is stated, the date of first posting. The NMSA has undertaken any duty to update any such information.
The NMSA does not prepare, edit, or endorse content or links from any third-party sources (“Third Party Content”). The NMSA does not guarantee the accuracy, timeliness, completeness or usefulness of Third Party Content, and is not responsible or liable for any content, advertising, products, or other materials on or available from third party sites.
You will not hold Us liable in any way for (a) any inaccuracy of, error or delay in, or omission of the content; or (b) any loss or damage arising from or in connection with i) an error or delay in the transmission of such content; ii) interruption in any such Content due either to any negligent act or omission by any party to any “force majeure” (e.g., flood, extraordinary weather conditions, earthquake or other act of God, fire, war, insurrection, riot, labor dispute, accident, action of government, communications or power failure, equipment or software malfunction), or iii) to any other cause beyond the reasonable control of the NMSA, or iv) non-performance.
Content is provided exclusively for personal and noncommercial access and use. No part of content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without the NMSA’s express prior written consent.
The Content and website shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.
13. Limitation of Liability.
YOU (ON BEHALF OF YOUR STARTUP, ITS EMPLOYEES, TEAM MEMBERS AND ANY OTHER REPRESENTATIVES), AGREE AND ACKNOWLEDGES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH THE BBB Program, INCLUDING AS APPLICABLE ANY PRIZE AWARD, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS, SETTLEMENTS, AND AWARDS WILL BE LIMITED TO REASONABLE, ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED $1,000 USD, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY STARTUP (ON BEHALF OF ITSELF, ITS EMPLOYEES, OFFICERS OR DIRECTORS, AND ANY OTHER REPRESENTATIVES) BE PERMITTED TO OBTAIN ANY AWARD FOR, AND HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHT TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY OTHER TYPE OF DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET THIRD PARTY EXPENSES ACTUALLY INCURRED (IF ANY) NOT TO EXCEED $1,000 USD, OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) EACH STARTUP (ON BEHALF OF ITSELF, ITS EMPLOYEES, DIRECTORS OR OFFICERS, AND ANY OTHER REPRESENTATIVES) IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
13.1 Indemnification
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD US (AND CONTEST JUDGES, AND ANY OTHER PERSONS ADMINISTERING THE BBB Program) AND EACH OF OUR EMPLOYEES, REPRESENTATIVES, AGENTS, ATTORNEYS, AFFILIATES, DIRECTORS, OFFICERS, MANAGERS, SHAREHOLDERS, PARTNERS, INVESTORS, GENERAL PARTNERS, LIMITED PARTNERS, CONTRACTORS, ADVISORS, SERVICE PROVIDERS, VENDORS, SPONSORS, AND ANY OTHER ASSOCIATED ENTITIES (THE “INDEMNIFIED PARTIES”) HARMLESS FROM ANY DAMAGE, LOSS, COST, OR EXPENSE (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) INCURRED IN CONNECTION WITH ANY THIRD-PARTY CLAIM, DEMAND, OR ACTION (“CLAIM”) BROUGHT OR ASSERTED AGAINST ANY OF THE INDEMNIFIED PARTIES, ALLEGING FACTS OR CIRCUMSTANCES THAT WOULD CONSTITUTE A BREACH OF ANY PROVISION OF THIS AGREEMENT BY THE STARTUP OR ARISING FROM, RELATED TO, OR CONNECTED WITH YOUR ENTRY, SUBMISSION MATERIALS, PRESENTATION CONTENT AND PARTICIPATION IN ANY WAY IN ANY ASPECT OF THE CONTEST, INCLUDING RECEIPT OF ANY PRIZE. IF YOU ARE OBLIGATED TO PROVIDE INDEMNIFICATION PURSUANT TO THIS PROVISION, SPONSOR MAY, IN THE SPONSOR’S SOLE DISCRETION, CONTROL THE DISPOSITION OF ANY CLAIM AT YOUR SOLE COST AND EXPENSE. WITHOUT LIMITATION OF THE FOREGOING, YOU MAY NOT SETTLE, COMPROMISE, OR IN ANY OTHER MANNER DISPOSE OF ANY CLAIM WITHOUT THE SPONSOR’S EXPRESS WRITTEN CONSENT.
14. Choice of Law; Dispute Resolution; Class Action Waiver
4.1 Choice of Law
The validity, interpretation, and performance of this Agreement shall be controlled by and construed under the laws of the State of California without regards to its conflicts of laws principles.
14.2 Dispute Resolution/Acknowledgment of, and Agreement to, Arbitration
Except as prohibited by law, any dispute or controversy regarding the enforcement or interpretation of this Agreement will be resolved through binding arbitration under the Consumer Arbitration Rules of the American Arbitration Association in Santa Clara County, California. THE PARTIES UNDERSTAND THAT BY AGREEING TO ARBITRATE DISPUTES THEY ARE WAIVING ANY RIGHT THEY MIGHT OTHERWISE HAVE TO A JURY TRIAL. This arbitration provision is not intended to modify or limit the right of the parties to seek equitable relief, such as an injunction or attachment, through judicial process, which will not be deemed a waiver of the right to demand and obtain arbitration.
14.3 Class Action Waiver
Any arbitration under this Agreement will take place on an individual basis; class arbitrations and class actions are not permitted. Neither You nor NMSA has the right to act as a class representative or participate as a member of a class of claimants with respect to any claim.
15. Entire Agreement
This Agreement and any other terms or privacy policies referenced herein, is the entire agreement between You and the NMSA and supersedes any prior agreement or understanding regarding anything connected to that subject matter.
By entering the BBB Program, You agree that this Agreement is the controlling rules for the BBB Program and You agree to be bound exclusively by this Agreement.
We are not responsible for lost, late, incomplete, or misdirected entries; lost, interrupted or unavailable network, server or other connections; miscommunications, computer or software malfunctions; transmission problems; technical failures; garbled transmissions; damage to user’s software or transmission devices; or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise that may occur in connection with the BBB Program.
If, for any reason, the BBB Program cannot proceed as planned due to factors that, in our sole discretion, may affect the administration, security, fairness, integrity, or proper conduct of the BBB Program (or any part of it), the We reserve the right to cancel, terminate, modify, or suspend the BBB Program (or any part of it). In such an event, We will have no further obligation to You.
We also reserve the right in its sole discretion to disqualify You or other individuals associated with you, if you are found to be: (a) tampering or attempting to tamper with the entry process or the operation of the BBB Program, or any website maintained or operated by Us; (b) using any robotic, macro, automatic programmed or like type of entry methods; (c) violating this Agreement; or (d) engaging in unethical, inappropriate or disruptive action or conduct, or taking any action inconsistent with this Agreement, the fairness of the BBB Program and Our reputation.
15.1 Amendment; Modification
NMSA may add to, change or remove any part of the website, including, without limitation, any content, at any time without prior notice to You. We also reserve the right to modify this Agreement at any time. When We make changes to the Agreement, We will revise the “Last updated” date at the top of the Agreement and We may notify You of the changes by prominently posting a notice of such changes on the website. We encourage You to review this Agreement whenever You visit the website. By continuing to access and use the website after any such changes have been posted, You are indicating your acceptance of such changes, even if You have not reviewed the changes.
15.2 Electronic Communications
Whenever You visit our website or send emails to Us, You are communicating with Us electronically. For that reason, You also consent to receive communications from Us electronically. We may communicate with you by email (if you have provided your email address to Us), by posting notices on our website or by such other means as We may determine from time-to-time. You agree that all agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing to the extent permitted by applicable law.
15.3 Waiver
Any failure to enforce any terms of this Agreement will not constitute a waiver of that provision or bar Us from enforcing that term subsequently in connection with the BBB Program. The headings in this Agreement are inserted for convenience and identification only, and are not intended to describe, interpret, define or limit the scope or intent of this Agreement for the BBB Program. By submitting an entry, You waive any right you may have to claim ambiguity of this Agreement or any advantage or any impact on interpretation of this Agreement that may arise from any such ambiguity claim. This Agreement will be construed by Us in our sole discretion, Our decisions will be binding and final.
15. 4 Severability
If any provision of this Agreement is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired.
15.5 Assignment
You may not assign or otherwise transfer your rights, or delegate your performance, under this Agreement to a third-party without NMSA’s prior written consent. NMSA may assign or transfer its rights or delegate any performance under this Agreement to any third-party in its sole discretion.