Entreprenista Website Terms of Service
Last Updated: June 6, 2023
Welcome, and thank you for your interest in Entreprenista Media, LLC. (“Entreprenista,” “we,” or “us”) and our website at www.entreprenista.com, along with our related websites and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Entreprenista regarding your use of the Service. Please read these Terms of Use (“Terms”) carefully before using the Service.
1. WELCOME
This website, located at http://www.entreprenista.com (the “Site”) and our visitors’ (“you,” and “your,” as used in these terms) use of our suite of design sourcing and services offered through the Site (collectively with the Site, the “Services”) are governed by these Terms of Use (“Terms”).
The Terms constitute a binding agreement between you and Entreprenista Media, LLC. and its affiliates (“Entreprenista,” “we,” or “us”) with respect to your use of this Site and Services. If you do not agree to these Terms, please do not use or access the Site or Services. Additional terms may apply in the case of certain specific Services we offer. Any such additional policies, terms, and conditions are incorporated into these Terms and will serve an amendment hereto. We reserve the right to cancel and/or terminate any user’s account for any violation of these Terms.
You must be at least 18 years of age to use our Services. If you are not 18 or older, you may not use the Services.
2. PRIVACY
Your use of the Services and the information you provide to us there is subject to our Privacy Policy, incorporated herein by reference, which governs our collection and use of data submitted to us through our Services. By using the Services, you agree to our use of cookies in advertising. Please read our Privacy Policy in full for details about our advertising practices.
3. MEMBERSHIP
You can browse certain parts of the Site as a visitor, but many features, offerings, and other elements of the Services are available only to those who join the Entreprenista League by paying our membership fee (“Members”). By filling out the application on the Site, you acknowledge and agree that the information input into the application may be included in a public profile for you. You agree not to include any links to social profiles you would not want to be visible to the public. You hereby give your consent for the collection, use, storage, and display of your personal information entered into the application along with your other profile information.
Official terms for joining the Entreprenista League can be found here: https://theleague.entreprenista.com/terms
4. NOTIFICATION SERVICE
You agree we may contact you with updates about your account, with our regular newsletter, and in connection with Your Content (defined below). You may opt out of our emails using the unsubscribe link in its footer anytime.
5. YOUR CONTENT
You own any and all of the content and information you post or share on or through the Services or otherwise provide to Entreprenista (“Your Content”). For content that is covered by intellectual property rights, like photos and videos (“IP content”), you specifically give us the following permission: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide, perpetual, irrevocable license to use any IP content that you post on or in connection with our Site or Services for any purpose, in accordance with the settings on your account and the features of the Site and Services you elect to utilize. You agree that you will not post or share any sensitive personal data on the Site unless you agree to its use in accordance with our Privacy Policy. When you post Your Content on our Site, you acknowledge and agree that it will be publicly available and we or other users may replicate ideas and themes found in that content.
You are solely responsible for Your Content and the consequences of posting or publishing Your Content. By posting or publishing Your Content, you affirm, represent, and warrant that: (i) you are the creator and owner of Your Content, or have the necessary licenses, rights, consents, and permissions to authorize Entreprenista and other Entreprenista users of the Service to use and distribute Your Content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Entreprenista, the Service, and these Terms; and (ii) Your Content, and the use of your Your Content as contemplated by these Terms, does not and will not: (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (C) cause Entreprenista to violate any law or regulation.
Events. If you attend an Entreprenista event, whether virtual or in person, you also grant Entreprenista the right to use any photos or videos taken of you at the event for Entreprenista’s promotional and advertising purposes and otherwise on the Site and Services without compensation to you, and waive any rights of privacy, publicity, or any other similar rights you may have in connection with such photos or videos.
6. IMPERMISSIBLE USE OF THE SITE AND SERVICE
You agree not to use the Site and/or Services to:
A. Post unauthorized commercial communications (such as spam) on Facebook.
B. Collect other users’ content or information using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
C. Upload viruses or other malicious code.
D. Solicit login information or access an account belonging to someone else.
E. Post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
F. Do anything unlawful, misleading, malicious, or discriminatory.
G. No unapproved marketing to the community.
H. Do anything that could disable, overburden, or impair the proper working or appearance of the Services, such as a denial of service attack or interference with page rendering or other functionality.
I. Facilitate or encourage any violations of These terms.
J. Post content or take any action on the Site that infringes or violates someone else’s rights or otherwise violates the law.
K. Infringe others’ intellectual property rights.
M. Use our copyrights or trademarks or any confusingly similar marks without our prior written permission.
N. Copy, recreate, or otherwise misappropriate the content posted by other users of the Site.
7. OUR CONTENT
Other than Your Content (or the Content provided by other users that qualifies as “Your Content” for them – we’ll call it “Others’ Content”), we own any and all of the content, advice, and information on the Site and Services, including all IP Content (“Our Content”).
We grant you, on a personal and individual basis, permission to access and use Our Content as necessary for you to enjoy the Services. You may not use Our Content for any other purpose, on behalf of any third party individual, or on behalf of any entity absent the separate written agreement of Entreprenista.
8. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES AND THE CONTENT PROVIDED ON OR THROUGH THE SITE AND SERVICES IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND ENTREPRENISTA HEREBY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER ENTREPRENISTA NOR ANY PERSON ASSOCIATED WITH ENTREPRENISTA MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES AND SERVICES, NOR THEIR CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH ENTREPRENISTA REPRESENTS OR WARRANTS THAT THE SITES, SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITES AND SERVICES OR THEIR CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
9. LIMITATION OF LIABILITY
IN NO EVENT WILL ENTREPRENISTA, ITS LICENSORS OR CONTENT PROVIDERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITES AND/OR SERVICES, OR ANY CONTENT, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITES, SERVICES AND/OR THEIR CONTENT IS AT YOUR SOLE RISK.
10. INDEMNIFICATION
You agree to defend, indemnify and hold harmless Entreprenista and its officers, directors, employees, agents, licensors and content providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms, or your use of Sites, or Services.
11. TRADEMARKS
The trademarks and service marks displayed on the Sites and Services are the registered and unregistered trademarks, service marks and trade dress of Entreprenista and its licensors. Entreprenista trademarks, service marks and trade dress may not be used in connection with any product or service that is not Entreprenista, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Entreprenista. All other trademarks not owned by Entreprenista that appear on the Site or in any Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Entreprenista.
12. COPYRIGHT
Except for Your Content, all content included on or made available through any Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Entreprenista or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Services is the exclusive property of Entreprenista and protected by U.S. and international copyright laws.
13. THIRD-PARTY WEBSITES
The Services may contain links to third-party websites. These links are provided for your convenience only. Entreprenista has no control over third-party websites and we are not responsible for the content of such websites or the privacy practices of those third-party websites. If you decide to access a third-party website linked from the Site, you do so entirely at your own risk and your use of those sites is subject to those websites’ terms and conditions and privacy policies.
14. THIRD-PARTY PRODUCTS AND SERVICES
Any products and/or services offered by third parties you obtain as a Member or visitor (including without limitation through discounted goods/services, giveaways, or as Member perks) are offered and/or sold by their third party creator, performer and/or brand. ENTREPRENISTA SHALL HAVE NO LIABILITY WHATSOEVER IN CONNECTION WITH THESE PRODUCTS OR SERVICES. Please read our disclaimer section carefully, as it also explains how we disclaim liabilities relating to any potential claims over the price, purchase, or receipt of third party goods and/or services.
15. LEGAL DISPUTES AND ARBITRATION
Please Read This Following Clause Carefully – It May Significantly Affect Your Legal Rights, Including Your Right to File a Lawsuit in Court.
A. Initial Dispute Resolution. We are available by email at membership@entreprenista.com to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. Each of you and Entreprenista agree to use best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
B. Agreement to Binding Arbitration. If we do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to Section 15(A) above, then either party may initiate binding arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties’ relationship with each other and/or your use of the Service shall be finally settled by binding arbitration administered on a confidential basis by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of these Terms of Use shall be subject to the Federal Arbitration Act. The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.
C. Class Action and Class Arbitration Waiver. You and Entreprenista each further agree that any arbitration shall be conducted in your respective individual capacities only and not as a class action or other representative action, and you and Entreprenista each expressly waive your respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in Section 15(B) shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
D. Exception – Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
E. 30 Day Right to Opt Out. You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in Sections 15(B), 15 (C) and 15(D) by sending written notice of your decision to opt-out to the following email: membership@entreprenista.com. The notice must be sent within thirty (30) days of registering to use the Service, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.
F. Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section 11(B) do not apply, of if you want to pursue any legal remedies to which you would otherwise be entitled but that are not available to you pursuant to this Section 11, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in Miami, Florida (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in Florida for any litigation other than small claims court actions. In the event of litigation relating to these Terms of Use or the Service, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial.
Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.
16. WAIVER AND SEVERABILITY
No waiver of these Terms by Entreprenista shall be deemed a further or continuing waiver of such Terms or any other term or condition, and any failure of Entreprenista to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
17. UNITED STATES ONLY
Unless otherwise specified, the Services are presented solely for the purpose of promoting products and services available in the United States. Entreprenista makes no representation that the Entreprenista Services are appropriate or available for use in other locations. If you access Entreprenista Services from locations outside the United States, you do so at your own risk and you are responsible for compliance with any applicable local laws.
18. COMMUNICATIONS
Company may communicate with you by email or posting notice on the Service. You may request that we provide notice of security breaches in writing.
A. You agree to receive email from us at the email address you provided to us for customer service-related purposes.
B. Electronic Notices. By using the Service or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at membership@entreprenista.com.
19. SUGGESTIONS AND SUBMISSIONS
We appreciate your comments, but if you send us creative ideas, we can use them without compensating you. We appreciate hearing from our users and welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, or materials (collectively, “Creative Ideas”), we will:
A. Own, exclusively, all now known or later discovered rights to the Creative Ideas;
B. Not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
C. Be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
The interactive areas of the Website and Entreprenista Channels (including Circle) are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information, sometimes with one another, and sometimes directly with Entreprenista. To protect your safety, please use your best judgment when submitting information to the Website and Entreprenista Channels. We particularly discourage divulging personal phone numbers, addresses, or other personal or personally identifiable information in public areas of the Website and Entreprenista Channels. Entreprenista reserves the right to delete, move, or edit any Post (as defined below) at any time, for any reason, but Entreprenista has no obligation to review or remove any such content. Entreprenista does not endorse any information or user view communicated in such public areas by the users of the Website or Entreprenista Channels.
20. USER CONTENT DISCLAIMERS, LIMITATIONS, AND PROHIBITIONS
You are responsible for your actions when using and relying on the Service or content available on the Service.
A. We do not represent or guarantee the truthfulness, accuracy, or reliability of any User Content. You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service, you accept the risk that you might be exposed to content that is objectionable or otherwise inappropriate.
B. You are solely responsible for your User Content on the Service. Company does not endorse any, nor is it responsible for, User Content on the Service. You assume all risks associated with your User Content, including anyone’s reliance on its quality, accuracy, or reliability. You may expose yourself to liability if, for example, your User Content contains material that is false, intentionally misleading, or defamatory; violates third-party rights; or contains material that is unlawful or advocates the violation of any law or regulation.
C. You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. You must comply with the following:
D. You may access the Service solely as intended through the provided functionality of the Service and as permitted under these Terms.
A. Unless expressly permitted, you agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without Company’s prior written authorization, including, by way of example and not limitation, by doing or engaging in any of the following without Entreprenista’s express written consent:
i. Altering, defacing, mutilating or otherwise bypassing any approved software through which the Service is made available; and
ii. Using any trademarks, service marks, design marks, logos, photographs or other content belonging to Entreprenista or obtained from the Service.
iii. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service is used, or harvest or mine Entreprenista Content from the Service. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any Entreprenista Content available on or through the Service, or attempt to do any of the foregoing, except and solely to the extent these Terms permit, the authorized features of the Service, or by law, or otherwise attempt to use or access any portion of the Service other than as Entreprenista intends.
iv. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any Entreprenista Content available on or through the Service, or any portion thereof, through any other application or website, unless and solely to the extent Entreprenista makes available the means for embedding any part of the Service or Entreprenista Content.
v. You agree not to access, tamper with, or use non-public areas of the Service, Entreprenista’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of Entreprenista’s providers.
vi. You agree not to harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Entreprenista employees and other users.
vii. You agree not to provide any false personal information to Entreprenista or any other user, or create a false identity or impersonate another person or entity in any way.
viii. You agree not to create a new account with Entreprenista, without Entreprenista’s express written consent, if Entreprenista has previously disabled your account.
ix. You agree not to solicit, or attempt to solicit, personal information from other users.
x. You agree not to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without consent, or collect information about users.
xi. You agree not to use the Service, without Entreprenista’s express written consent, to communicate or facilitate any commercial advertisement, solicitation, promotion or product endorsement.
xii. You agree not to gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
xiii. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
xiv. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
xv. You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
xvi. You agree not to use the Service to build a competitive product or service.
xvii. You agree not to share redemption/discount codes provided to Entreprenista members with non-members or use such codes for any improper purpose.
xviii. You agree not to assist or permit any persons in engaging in any of the activities described above. A breach of these restrictions may subject you to prosecution and damages, as well as liability for infringement of intellectual property rights.
21. CONSEQUENCES OF VIOLATING THESE TERMS
If you do not act acceptably, we may prohibit your use of the Service. We reserve the right to suspend or terminate your account and prevent access to the Service for any reason, at our discretion. We reserve the right to refuse to provide the Service to you in the future.Entreprenista may review and remove any User Content at any time for any reason, including activity which, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service. You are responsible for any claims, fees, fines, penalties, and other liability incurred by us or others caused by or arising out of your breach of these Terms and your use of the Service.
22. ENTIRE AGREEMENT
These Terms and our Privacy Policy constitute the sole and entire agreement between you and Entreprenista with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the sites.
23. MODIFICATIONS
Entreprenista reserves the right to make changes to these Terms, including the terms that apply to purchases or returns, at any time. If Entreprenista makes a material modification to these Terms, we will attempt to notify you by displaying an announcement within the Services or by sending you an email, and that will be deemed sufficient notification of such changes.
24. CONTACT INFORMATION
If you have questions or comments about these Terms or the Services, please write or email us via the contact information below:
Entreprenista Media, LLC
2045 Biscayne Blvd, #227
Miami, FL 33137
membership@entreprenista.com