Entrepreneur Connect: Terms of Use
Last updated: June 2009
Welcome to Entrepreneur Connect®, the business network which creates and hosts a community where business owners and persons interested in owning their own businesses can create professional profiles, participate in group discussions or otherwise share ideas with other business men and women, make business contacts and upload and display materials promoting their businesses, products and services. Entrepreneur Connect® is a website (the "Entrepreneur Connect® Site") owned and operated by Entrepreneur Media, Inc. ("EMI").
1. GENERAL RULES.1.1 By completing the registration process and clicking "Join Entrepreneur Connect" in order to participate in the various discussions, events and other services offered to Entrepreneur Connect® subscribers, YOU certify that YOU have read and fully agree to be bound by all of the terms and conditions of these Terms of Use.
1.2 EMI reserves the right to modify these Terms of Use at any time and without notice, with the result that such modifications shall become effective upon posting. YOU are responsible for reviewing these Terms of Use each time and at the time YOU enter the Entrepreneur Connect® Site and prior to participating as an Entrepreneur Connect® subscriber. By continuing to participate as an Entrepreneur Connect® subscriber, YOU agree to be bound by any such modification, and the particular version, of the Terms of Use in effect at the time.
1.3 IF ANY OF THE TERMS OF USE ARE UNACCEPTABLE TO YOU, YOU MAY REFRAIN FROM REGISTERING TO BECOME AN Entrepreneur Connect® SUBSCRIBER OR, IF YOU HAVE ALREADY REGISTERED, YOU MAY CANCEL YOUR REGISTRATION BY:
(A) SIGNING IN AND CLICKING ON "ACCOUNT SETTINGS", THEN ON THE "DELETE ACCOUNT" TAB, AND FINALLY ON THE BUTTON CONFIRMING YOUR WISH TO DELETE YOUR ACCOUNT; OR
(B) SENDING AN E-MAIL WITH THE SUJECT LINE "UNSUBSCRIBE" TO ECONNECT@ENTREPRENEUR.COM.
1.4 At any time and without notice or liability, EMI may, in its sole discretion, (i) change, suspend or discontinue any aspect of the look, feel or functionality of, or any of the services available on, the Entrepreneur Connect® Site, or alter or limit your access to that Site or any of the services thereby provided.
VIOLATING ANY PART OF THESE Terms of Use COULD BE GROUNDS FOR YOUR REMOVAL FROM OR PROHIBITED ACCESS TO THE SERVICES AVAILABLE AT THE ENTREPRENEUR CONNECT® SITE.
2. ELIGIBILITY AND REGISTRATION.
2.1 Although open and available to anyone 18 years of age or older, and who agrees to comply and complies with these Terms of Use, the Entrepreneur Connect® Site and its many services are primarily intended for use by business owners and people interested in owning their own businesses ("Entrepreneur Connect® Services").
2.2 To register for and participate in the Entrepreneur Connect® Site, YOU must be at least 18 years old and agree:
(a) to provide complete and accurate information about YOU and your business ("Your Profile") during the registration process and to maintain the accuracy of that information by promptly updating Your Profile if and when any of that information changes.
(b) to exercise reasonable care in protecting the confidentiality of your Username and Password for access to your account, and to participate, in the Entrepreneur Connect® Site.
(c) to be fully responsible for all use of your account, including use by any third party (whether authorized by YOU or not) having access to your Entrepreneur Connect® account.
3. RESTRICTIONS ON USE.
3.1 At all times during your registration for, and subsequent participation in, the Entrepreneur Connect® Site, YOU:
(a) acknowledge, understand and agree that EMI, at all times, has the unconditional right (i) to monitor any and all content posted by YOU or any third party using your Entrepreneur Connect® account ("Participant Content"), and (ii) to remove, edit or change any such Content without liability or notice, which EMI, in its sole discretion, considers in violation of these Terms of Use, unlawful, in poor taste, unreliable, abusive or otherwise inappropriate.
(b) understand and agree that EMI reserves the right at any time to suspend or terminate your account on the Entrepreneur Connect® Site (whether temporarily or permanently), for any or no reason whatsoever, as it determines in its sole discretion, at any time, and without notice or liability. Termination of your account may include: (i) removal of your access to some or all available services on the Site; and (ii) deletion of some or all of the information, files and other materials associated with your account.
(c) agree, warrant and represent that at no time shall YOU, or any third party using your account, post Participant Content on the Entrepreneur Connect® Site, which (i) is defamatory, (ii) is obscene or pornographic, (iii) invades EMI's or any third party's rights of privacy or publicity, (iv) plagiarizes EMI's or any third party's content, (v) infringes EMI's or any third-party's copyrights, trademarks or other intellectual property rights, (vi) discriminates, or promotes discrimination on the basis of any legally-protected class (including without limitation: race, religion, nationality, gender, sexual preference, age and disability), or (vii) is otherwise illegal under applicable law.
(d) agree, warrant and represent that at no time shall YOU, or any third party using your account, post Participant Content or otherwise use the Entrepreneur Connect® Site (i) to attack, harass or be personally abusive toward EMI or any third party, (ii) to promote violence, hatred, bigotry or the use of weapons, illegal drugs or alcohol, or (iii) to otherwise interfere or attempt to interfere with any other party's right to participate in, and enjoy, the Site.
(e) agree, warrant and represent that at no time shall YOU or any third party using your account use the Site to transmit or post spam, chain letters, contests, junk e-mail, pyramid schemes, surveys or other mass messaging, whether commercial in nature or not.
(f) agree not to post the same Participant Content to multiple discussion groups if that Content does not specifically apply to the subject matter and related interests of those groups.
(g) agree, warrant and represent that at no time shall YOU, or any third party using your account, gain, or attempt to gain, access to the Entrepreneur Connect® Site, or third-party account information thereon or therein, or any computer systems or networks connected to the Site by hacking, password mining or any other illegal means.
(h) agree to contact EMI immediately in the event YOU discover that (i) YOU have lost any document which contained your confidential Username and/or Password, or (ii) an unauthorized third party has obtained and/or is using your Username and/or Password.
3.2 Except for the limited license rights granted to YOU by EMI for access into, and to post Participant Content on, the Entrepreneur Connect® Site, YOU acknowledge, understand and agree that, at no time do you have any rights, title or interest (including ownership) in or to the Entrepreneur Connect® Site (including the look, feel and functionality thereof), the content posted thereon, and the software, related documentation, and enhancements or modifications thereto.
4. EMI RIGHTS.
4.1 You acknowledge, understand and agree that YOU are solely responsible for any and all usage of or other activity involving your Entrepreneur Connect® account, including without limitation any and all Participant Content YOU or any third party using your account posts on the Entrepreneur Connect® Site and the consequences thereof.
4.2 You agree to indemnify, defend (if the defense is not undertaken by EMI) and hold harmless EMI, and EMI's affiliates, and its and their respective employees, officers, directors, agents, and other authorized representatives, from any and all third-party claims, suits, liabilities and damages (collectively, "Third-Party Claims") caused by, or arising out of, or in any manner related to, any breach of these Terms of Use by You or any third party using your Entrepreneur Connect® account. You further agree to fully cooperate with, and assist, EMI in its defense of any such Claim, as reasonably requested by EMI. You also understand and agree that EMI reserves the right and may, in its sole discretion and at its sole expense, assume the exclusive defense and control of any such Third-Party Claim, for which you are obligated to indemnify EMI hereunder.
4.3 You understand and agree that, at no time, does EMI, nor any of its affiliates, nor its and their respective employees, officers, directors, agents, and other authorized representatives, authorize, confirm or endorse the accuracy or reliability of any and all Participant Content posted on or otherwise distributed over the Entrepreneur Connect® Site. Any and all such Participant Content shall be viewed solely as the advice, opinion, statement or other information of the provider thereof and not the viewpoint or position of EMI. YOU further understand and agree that your reliance on any such Participant Content shall at all times be at your sole risk.
4.4 YOU UNDERSTAND AND AGREE THAT:
(A) YOUR USE OF THE Entrepreneur Connect® SITE AND/OR Entrepreneur Connect® SERVICES, ARE, AT ALL TIMES, AT YOUR SOLE RISK; AND
(B) THE ENTREPRENEUR CONNECT® SITE AND/OR ENTREPRENEUR CONNECT® SERVICES INCLUDING ANY AND ALL SOFTWARE AS A PART THEREOF, ARE DISTRIBUTED AND MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICUALAR PURPOSE.
4.5 You hereby grant EMI a perpetual, nonexclusive, worldwide, royalty-free, and transferable license to use any Participant Content YOU or any third party using your account may post, including without limitation the right to copy, excerpt, publish or otherwise reproduce, distribute, sublicense, display, publicly perform, broadcast, or create derivative works based on or RSS feeds of, any such Content, in any form, format or media now known or hereafter developed.
4.6 EMI reserves the right:
(a) to disclose to third parties information about your demographics and usage of the Entrepreneur Connect® Site, provided that it will not disclose your personal identity including contact information without your prior consent.
(b) to send electronic mail to YOU for the purpose of (i) informing YOU of changes in the Entrepreneur Connect® Site or any of the Entrepreneur Connect® Services, and (ii) requesting your participation in various surveys and other feedback designed to assist EMI in better understanding its Entrepreneur Connect® Site users and how to improve the Site experience.
4.7 Although YOU are solely responsible for your interactions with other Entrepreneur Connect® participants, EMI reserves the right, but has no obligation, to mediate or otherwise resolve any disputes between YOU and other such participants. In the event that EMI does become involved in any such dispute, YOU agree: (i) that EMI's decision shall be final, irreversible and non-appealable; and (ii) to fully comply with the result thereof.
5. MISCELLANEOUS.
5.1 You acknowledge, understand and agree that:
(a) any and all claims or disputes arising out of, or in any manner related to, these Terms of Use, Participant Content or the participation by YOU or any third party on the Entrepreneur Connect® Site and/or in connection with any of the Entrepreneur Connect® Services shall be construed, enforced and resolved in accordance with these Terms of Use, which in turn shall be construed and enforced solely in accordance with the laws of the State of California, except if and to the extent that the federal laws of the United States apply; and
(b) any and all claims or disputes as set forth in subsection (a) above shall be litigated exclusively in a Federal or state court having competent jurisdiction in Orange County, California, and YOU hereby agree, and waive any objection, to the personal jurisdiction and venue of any such courts
5.2 If any provision of these Terms of Use are held to be illegal, invalid or unenforceable by a court or other authority having competent jurisdiction: (i) such provision shall be enforced to the maximum extent permissible, so as to effect your and EMI's intent; and (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be thereby affected or impaired.
5.3 YOU acknowledge and agree that, with your registration to participate, and/or participation, in the Entrepreneur Connect® Site, YOU: (i) are at all times an independent contractor and not an agent, employee, associate, joint venturer, or partner of EMI; and (ii) have no authority to speak on behalf of EMI, or to bind EMI to any contract or other commitment.
6. EMI Contact.
If you have any questions about, or wish to report any violation of, these Terms of Use, or have any other concerns or questions regarding the Entrepreneur Connect® Site or Services, please contact the Community Editor through the Feedback Form.
I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
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