Entrepreneur Media Inc. Websites and Mobile Application Terms of Service
Posted as of: May 27th, 2021
TABLE OF CONTENTS
- Welcome to Entrepreneur Media, Inc.
- Our Service Content
- Membership and Registration
- Other Information Content Providers: Non-Staff Bloggers, Other Provider Content
- User-Generated Content; Comments
- Posting Rules
- Service Security Rules
- Communications With Third Parties Through Our Service
- Software Available On Our Service
- Paid Services
- Entrepreneur Bookstore Products and Services, Pricing, Billing and Returns and Refunds
- International Users
- E-Mail Addresses
- Notice of Availability of Filtering Software
- DISCLAIMER OF WARRANTIES
- LIMITATION OF EMI'S LIABILITY; INDEMNIFICATION
- Entire Agreement
- Service Contact
1. Welcome to Entrepreneur Media, Inc.
1.1 Welcome to the websites, online services and mobile application services of Entrepreneur Media, Inc. ("EMI," "we," or "us"). These Terms of Service (the "Terms of Service") are a binding contract between EMI and you and explain the terms and conditions by which you may use and/or access our online and/or mobile services ("our Service"), in connection with www.entrepreneur.com and www.greenentrepreneur.com, together with any related subsites, sub-domains, mobile and software applications, services, features and/or content associated therewith (collectively, "our Websites").
For purposes of these Terms of Service, "you" and "your" mean you as the user of our Service. If you use our Service on behalf of a company, organization or other entity, then (a) "you" includes you and that entity, (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms of Service, and that you agree to these Terms of Service on the entity's behalf, and (c) your entity is legally and financially responsible for your use of our Service as well as for the use of your account by others affiliated with your entity, including any employees, agents or contractors.
2. Our Service Content
2.1. All of the information, content, services and software displayed on, transmitted through, or used in connection with our Service, including for example, advertising, directories, guides, articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video, html, source and object code, software, data, and all other matters related to our Websites, including without limitation, the selection and arrangement of the aforementioned and the "look and feel" of our Websites (collectively, the "Content"), are protected under applicable copyrights and other proprietary (including but not limited to intellectual property) rights and are the intellectual property of EMI, and its affiliated companies, licensors and suppliers. EMI actively protects its rights to the Content to the fullest extent of the law. The copying, rearrangement, broadcast, rewriting for broadcast or publication, redistribution, modification, use or publication by you in any medium, directly or indirectly, of any such matters or any part of our Service, including the removal or alteration of advertising, except for limited rights of use granted hereunder, is strictly prohibited. You may not use such material except as provided in these Terms of Service.
2.2. The Content includes logotypes, trademarks and service marks (collectively "Marks") owned by EMI, and Marks owned by other information providers and third parties. For example, "Entrepreneur" is a registered trademark of EMI. No Marks may be used in any manner unless approved in advance, in writing by EMI.
If you acquire the App from Google, Inc. or one of its affiliates ("Google") via Google Play or its successor(s), then to the extent of any conflict between the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the "Google Play Terms), and the other terms and conditions in these Terms of Service, the Google Play Terms shall apply with respect to your use of any App that you acquire from Google Play. EMI and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by EMI or you (or any other user) under these Terms of Service or the Google Play Terms.
2.5. Requests to use the Content for any purpose other than as permitted in these Terms of Service should be directed to our licensing and reprints provider found at www.entrepreneurreprints.com
2.6. Free access to the content made available to you on our Service is possible due to the paid advertising that appears on our Service. Without this advertising, we would not be able to provide you with this content for free. In exchange for your free access to this content, you agree that you will not, and will not permit any third party to, remove, obstruct, modify or otherwise interfere with the delivery or display of advertisements on our Service.
2.7. You agree that you will only use our Service for lawful purposes, and you will not use our Service for sending or storing any unlawful material or for fraudulent purposes or to engage in any illegal, offensive, indecent or objectionable conduct. You may not frame or utilize framing techniques that involve any trademark, logo, copyrighted material or other proprietary information (including images, text, page layout, or form) of any portion of our Service without our express written consent. You may not alter or modify in any way, our Service including but not limited to using any software to suppress or alter the display of advertising on the pages of our Service. In addition, you agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through our Service, not to insert any code or product or manipulate the content of our Service in any way that affects the user's experience, and not to use any data mining, robots, cancelbots, Trojan horse, or any data gathering or extraction method in connection with your use of our Service, or otherwise harm our Service in any way whatsoever.
2.8. Digital Millennium Copyright Act Safe Harbor Policy. EMI respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material placed by any third party on our Service, please contact our designated copyright agent, in writing, either by email at firstname.lastname@example.org or by regular mail at Entrepreneur Media, Inc., Attn: Ronald L. Young, 2 Executive Circle, Suite 150, Irvine, CA 92614 USA, and provide the designated copyright agent with the following information consistent with the form required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. Section 512(c)(3):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyright work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to locate the material;
- Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
- A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that attachments cannot be accepted at the e-mail address for security reasons. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed. EMI will terminate the account of any user that is determined to be a repeat copyright infringer.
3. Membership and Registration
3.2. If you become a member of our Service, you agree to accept responsibility for all activities that occur under your account or password, and agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer so that others may not access our Service using your name in whole or in part. EMI reserves the right to terminate membership and deny access to our Service to any person who violates these Terms of Service.
4. Other Information Content Providers: Non-Staff Bloggers, Other Provider Content
4.1. Our Service includes the distribution of content supplied by other content providers such as non-staff bloggers, commenters and content owned by other providers that is published with their permission on our Service. Our Service is not responsible for the statements and opinions expressed by those content providers. Responsibility for the accuracy and completeness of such content lies solely with those content providers and is not guaranteed by EMI. Pursuant to 47 U.S.C.§ 230, EMI is not the publisher of such information and is therefore not liable for any delays, inaccuracies, errors or omissions in such content. Given the volume of information posted by such providers, our Service cannot and does not monitor all of the information posted to our Service and assumes no duty to monitor our Service for inappropriate or inaccurate content. Neither EMI nor its affiliates or employees shall be liable to any user or anyone else for claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud or misrepresentation arising from such content. Notwithstanding the foregoing, EMI reserves the right to remove information provided by other information content providers at any time in its sole discretion.
5. User-Generated Content; Comments
5.1. Our Service's interactive areas are provided to give users an interesting and stimulating forum to express their opinions and share their ideas and information. To protect your safety, please use your best judgment when submitting information to our Service. We particularly discourage divulging personal phone numbers and addresses or other information that can be used to identify or locate you in public areas of our Service. Our Service reserves the right to delete, move or edit any submission at any time, for any reason or in its discretion, but has no obligation to review or remove any such content.
5.2. By placing material on, providing content to, or communicating with, our Service, including for example by posting a comment to a EMI story, you represent and warrant that you own or otherwise control all of the rights to the content that you provide, that the content is accurate, that it does not violate these Terms of Service, and that it will not cause injury to any person or entity. You hereby expressly grant EMI, its affiliates and related entities, including our Service, a royalty-free, sublicensable (including to other users), perpetual, irrevocable, non-exclusive right and license to use, copy, modify, display, archive, store, distribute, reproduce and create derivative works from all information you provide to us in any public area of our Service, in any form, media, software or technology of any kind now existing or developed in the future. Without limiting the generality of the previous sentence, you authorize EMI to include the information you provide in a searchable format that may be accessed by users of our Websites. You also grant EMI and its affiliates and related entities the right to use your name and any other information about you that you provide in connection with its use and with the reproduction or distribution of such material, and also grant EMI the right to use any material, information, ideas, concepts, knowhow or techniques contained in any communication you send to us for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. All rights in this paragraph are granted without the need for additional compensation of any sort to you.
5.3. Please note that EMI does not accept unsolicited materials or ideas for use or publication. EMI is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EMI.
5.4. If you believe that user generated content uploaded to our Service infringes your intellectual property rights or the rights of others, please reference the terms of Section 2.8 regarding how you can notify us of such content, and how we respond to such notices.
6. Posting Rules
6.1. Interactive areas of our Service are intended to encourage public debate. We expect people to differ - judgment and opinion are subjective things - and we encourage freedom of speech and a marketplace of ideas. But by using these areas of our Service, you are participating in a community that is intended for all our users. Therefore, we reserve the right to remove any content posted on our Service at any time for any reason. Decisions as to whether content violates any EMI posting rule will be made by EMI in its discretion after we have actual notice of such posting. Without limiting our right to remove content, we have attempted to provide the following guidelines to those posting content on our Service. When using our Service, please do not post material that:
- contains vulgar, profane, abusive or hateful language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, racial or religious nature, or expressions of bigotry, racism, discrimination or hate.
- is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, deceptive, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity.
- violates any right of EMI or any third party.
- discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law.
- violates any municipal, state or federal law, rule, regulation or ordinance, or attempts to encourage such an evasion or violation.
- unfairly interferes with any third party's uninterrupted use and enjoyment of our Service.
- advertises, promotes or offers to trade any goods or services, except in areas specifically designated for such purpose.
- uploads copyrighted or other proprietary material of any kind on our Service without the express permission of the owner of that material.
- uses or attempts to use another's account, password, service or system except as expressly permitted by these Terms of Service.
- includes images, photos, articles or other content that constitutes, promotes or encourages illegal acts, violation of any right of any individual or entity, violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability.
- uploads or transmits viruses or other harmful, disruptive or destructive files.
- disrupts, interferes with, or otherwise harms or violates the security of our Service, or any services, system resources, accounts, passwords, servers or networks connected to or accessible through our Service or affiliated or linked sites.
- "inflames" any individual or entity (e.g., sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual), or repeats prior posting of the same message under multiple threads or subjects.
- is unrelated to the specific interactive area or the interactive area's topic.
- disguises the origin of the post.
- collects or stores other users' personal data.
6.2. A violation of certain of posting rules may be referred to law enforcement authorities. EMI reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.
7. Service Security Rules
You are prohibited from violating or attempting to violate the security of our Service, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to our Service, overloading, "flooding", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail, forum, or newsgroup posting. Violations of system or network security may result in civil or criminal liability. EMI will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations.
8. Communications with Third Parties through our Service
Your dealings or communications through our Service with any party other than our Service are solely between you and that third party. For example, certain areas of our Service may allow you to conduct transactions or purchase goods or services. In most cases, these transactions will be conducted by our third-party partners and vendors. Under no circumstances will EMI be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. Please review carefully that third party's policies and practices and make sure you are comfortable with those policies and practices before you engage in any transaction. Any complaints, concerns or questions you may have relating to materials provided by third parties should be forwarded directly to the third party.
9. Software Available On Our Service
Any software that is made available to download from our Service ("Software") is the copyrighted work of EMI suppliers. Use of the Software is governed by (i) these Terms of Service and (ii) the terms of the end-user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). In the event of a conflict, the License Agreement shall control. End users shall not install or use any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Any such Software is not available to users in territories where its distribution is prohibited by law.
10. Paid Services
10.1. Certain aspects of our Service may be provided for a fee or other charge. If you elect to use paid features of our Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. EMI may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third party partners and you agree, that your use of such third party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that EMI has no responsibility for such third party services and your use of such services is entirely at your own risk. In such case, we will give you 30 days' notice before the additional or amended charges or fees become applicable, during which you can stop your use of the particular paying Service. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you as provided in these Terms of Service.
10.2. You may cancel your user account at any time; however, there are no refunds for cancellation. In the event that EMI suspends or terminates your account or these Terms of Service for your breach of these Terms of Service, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of our Service, any content or data associated with your account, or for anything else.
10.3. All information that you provide in connection with a purchase or other monetary transaction interaction with our Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with our Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to such purchases or other monetary transaction interactions.
If at any time EMI is required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to EMI upon written notice.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including attorneys' fees) incurred by EMI in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.
11. Entrepreneur Bookstore® Products and Services, Pricing, Billing and Returns and Refunds
11.2 The EB Products offered in and through the Entrepreneur Bookstore® may have limited quantities and are subject to return or exchange only according to our Returns Policy. We have made every effort to display as accurately as possible the colors and images of the EB Products offered through the Entrepreneur Bookstore®. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of the EB Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any EB Products that we offer. All descriptions of EB Products or their pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any of the EB Products offered on this Website at any time. Any offer for any EB Product made on this Website is void where prohibited by law. We do not warrant or guarantee that the quality of any EB Products, or any of the information contained therein, or any other material purchased or obtained by you through this Website will meet your expectations.
11.3 We reserve the right to refuse any order for EB Products you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
11.4 You agree to provide current, complete and accurate purchase and account information for all purchases you make through the Entrepreneur Bookstore®. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
11.5 We assume no risk of loss of any EB Products purchased through the Entrepreneur Bookstore® once those Products have been delivered to the address designated by you in undamaged condition. If any EB Product you purchase arrives in damaged condition or has a physical defect such as bad binding or missing pages, please contact the Entrepreneur Bookstore® support team at email@example.com for a replacement, which will be sent to you at no charge.
11.6 We stand behind our products and our brand. If you are not satisfied with your purchase of any printed book or other printed EB Product (“Print Product”) for whatever reason, you may return that Print Product for a refund of the purchase price if:
- the Product is returned in the original condition received and with the original packing slip which was included with the order when received by you; and
- your return is postmarked or shipped within 30 days from your receipt.
You are responsible for the cost of mailing or shipping any returns, which cost is not refundable, and all returns must be sent to our distribution center at the following address:
191 Edwards Drive
Jackson, TN 38301
Purchases of ebooks and other digital products are not returnable or subject to a refund once purchased.
Refunds of Print Products purchased through the Entrepreneur Bookstore® and timely returned to the above distribution center shall be processed and credited back to the credit card used to purchase those Products within 5-10 days after confirmed receipt by the distribution center.
12. International Users
Our Service is controlled, operated and administered by EMI from its offices within the United States. EMI makes no representation that materials or the Content available through our Service are appropriate or available for use outside the United States and access to them from territories where their contents are illegal is prohibited. You may not use our Service or export the Content in violation of U.S. export laws and regulations. If you access our Service from a location outside the United States, you are responsible for compliance with all local laws.
13. E-Mail Addresses
EMI respects the privacy of its readers. However, EMI does make available for rental its list of those registrants who have expressly provided us with their permission to receive third party information and offers as part of their user profile.
EMI shall have the right, at its discretion, to change, modify, add or remove terms of this agreement at any time. We will provide you with 30 days' notice of any substantial changes to the terms of this agreement. You agree to review this agreement periodically since subsequent use by you of our Service shall constitute your acceptance of any changes. EMI shall have the right at any time to change or discontinue any aspect of our Service, including, but not limited to, the community areas, content, hours of availability and equipment needed for access to use. Such changes, modifications, additions or deletions shall be effective immediately upon posting and any subsequent use by you after such posting shall conclusively be deemed to be acceptance by you of such changes, modifications or deletions.
15. Notice of Availability of Filtering Software
You should know that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors. A report detailing some of those protections can be found at https://www.ntia.doc.gov/ntiahome/ntiageneral/cipa2003/index.html (Children's Internet Protection Act: Report on the Effectiveness of Internet Protection Measures and Safety Policies).
16. Disclaimer of Warranties
15.1. TO THE GREATEST EXTENT PERMITTED BY LAW, ALL CONTENT ON OUR SERVICE (INCLUDING WEBSITES) AND THIRD-PARTY SITES TO WHICH OUR WEBSITES LINK IS PROVIDED "AS IS" OR "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. EMI IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO OUR SERVICE. BECAUSE EMI HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT EMI IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT EMI DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ACCURACY, QUALITY, ADVERTISING, PRODUCTS OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH EXTERNAL SERVICES. TO THE GREATEST EXTENT PERMITTED BY LAW, YOU FURTHER ACKNOWLEDGE AND AGREE THAT EMI SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH THE USE OF OR RELIANCE ON ANY CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH SUCH EXTERNAL SERVICES. THE CONTENT PUBLISHED ON OUR SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON our SERVICE.
15.2. EMI AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO OUR SERVICE AT ANY TIME INCLUDING CHANGES TO THESE TERMS OF SERVICE. OUR SERVICE MAY OFFER A SEARCH FEATURE. EMI EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. EMI ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. EMI AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN OUR SERVICE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING OUR SERVICE AND/OR THE CONTENT CONTAINED THEREIN. EMI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVICE, INCLUDING BULLETIN BOARDS OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE USER ASSUMES THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION OF THE USERS COMPUTER AND OTHER EQUIPMENT.
17. Limitation of EMI's Liability; Indemnification
16.1. UNDER NO CIRCUMSTANCES AND TO THE GREATEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EMI, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENT, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE CONTENT OR ANY ERRORS OR OMISSIONS IN THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT EMI IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IN NO EVENT SHALL EMI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO EMI HEREUNDER OR USD $500, WHICHEVER IS LESSER. NOTHING IN THE AGREEMENT LIMITS OR EXCLUDES, OR WILL BE DEEMED TO LIMIT OR EXCLUDE, EMI'S LIABILITY FOR FRAUDULENT MISREPRESENTATION, DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR LIABILITY THAT MAY NOT OTHERWISE BE LIMITED OR EXCLUDED BY LAW.
16.2. AS A CONDITION OF USE OF THIS SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, EMI AND ITS SUPPLIERS, EACH OF THEIR PARENT AND AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE PARTNERS, SUPPLIERS, LICENSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS AND AGENTS, FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES (INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY ALLEGATION REGARDING: (A) YOUR USE OF OUR SERVICE; (B) EMI USE OF ANY CONTENT OR INFORMATION YOU PROVIDE, AS LONG AS OUR USE IS NOT INCONSISTENT WITH THIS AGREEMENT; (C) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT, EVEN IF NOT POSTED BY YOU; AND, (D) ANY VIOLATION OF THESE TERMS OF SERVICE BY YOU. IF YOU ARE DISSATISFIED WITH ANY EMI MATERIAL, OR WITH ANY OF EMI TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICE.
18. Entire Agreement
These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control (except as set forth in Section 9 above regarding the License Agreement).
18.1. These Terms of Service shall be deemed to include all other notices, policies, disclaimers, and other terms contained on our Service; provided, however, that in the event of a conflict between such other terms and the terms of these Terms of Service, the terms of these Terms of Service shall control.
18.2. These Terms of Service have been made, and shall be construed and enforced, in accordance with California law. Any action to enforce this agreement shall be brought in the federal or state courts located in California State. Any cause of action or claim you may have with respect to our Websites must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
18.3. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions. Any failure of EMI to enforce or exercise any provision of these Terms of Service or related right shall not constitute a waiver of that right or provision. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Service. The section titles used in these Terms of Service are purely for convenience and carry with them no legal or contractual effect. In the event of termination of these Terms of Service for any reason, you agree that the following provisions will survive: the provisions regarding the limitations on your use of Content, the license(s) you have granted to EMI, and all other provisions for which survival is equitable or appropriate. EMI may assign its rights and duties under these Terms of Service to any party at any time without notice to you.
18.4. Under California Civil Code Section 1789.3, California users of our Service receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
20. Service Contact
If you have any questions, concerns or suggestions about these Terms of Service, you may contact us at firstname.lastname@example.org or at the following address:
Entrepreneur Media, Inc.
Attn.: Terms of Service Issues
2 Executive Circle
Irvine, CA 92614