Entrepreneur Media LLC Websites and Mobile Application Terms of Service

Posted as of: February 12th, 2024

TABLE OF CONTENTS

  1. Welcome to Entrepreneur Media, LLC
  2. Our Service Content
  3. Dispute Resolution
  4. Membership and Registration
  5. Other Information Content Providers: Non-Staff Bloggers, Other Provider Content
  6. User-Generated Content; Comments
  7. Posting Rules
  8. Service Security Rules
  9. Communications with Third Parties through our Service
  10. Software Available On Our Service
  11. Paid Services
  12. Entrepreneur Bookstore® Products and Services, Pricing, Billing and Returns and Refunds
  13. International Users
  14. E-Mail Addresses
  15. Modification
  16. Notice of Availability of Filtering Software
  17. Disclaimer of Warranties
  18. Limitation of EM's Liability; Indemnification
  19. Entire Agreement
  20. General
  21. Service Contact

1. Welcome to Entrepreneur Media, LLC

1.1 Welcome to the websites, online services and mobile application services of Entrepreneur Media, LLC ("EM," "we," or "us"). These Terms of Service (the "Terms of Service" or “Terms”) are a binding contract between EM 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, 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.

EM is dedicated to providing users of our Service with a highly interactive and positive experience, while at the same time protecting our rights and the rights of our users. We have developed these Terms of Service to govern your use of our Service, and we, along with our affiliates, partners and advertisers, provide content and services to you subject to the following conditions. By accessing or using any portion of our Service, you hereby affirm that you have read, understood, and agree to be bound by these Terms of Service, whether or not you are a registered user or customer of our Service. Please read the Terms of Service carefully. Your use of our Service is subject to EM's Privacy Policy, incorporated herein by this reference. If you do not agree with any of these Terms of Service, do not use or access (or continue to access) our Service.

PLEASE READ THE TERMS CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. THIS AGREEMENT INCLUDES A CLASS ACTION WAIVER AND JURY WAIVER, AND, IN SOME JURISDICTIONS, REQUIRES BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. Please see the Dispute Resolution section for complete details and review carefully.

We reserve the right to update or modify these Terms of Service at any time without prior notice.

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 EM, and its affiliated companies, licensors and suppliers. EM 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 EM, and Marks owned by other information providers and third parties. For example, "Entrepreneur" is a registered trademark of EM. No Marks may be used in any manner unless approved in advance, in writing by EM.

2.3. Subject to your agreement to and continuing compliance with these Terms of Service, EM hereby grants you a personal, non-exclusive, non-assignable, non-transferable license to access and use our Service or the Content for your personal and non-commercial use only. You may download or print a single copy of any portion of the Content for your personal, non-commercial use, provided you do not remove any trademark, copyright or other notice contained in such Content. Unless otherwise having secured the prior written consent of EM, you may not use our Service or the Content for any other purpose, including: (i) in connection with the development of any software program, including without limitation training a machine learning or artificial intelligence (AI) system; (ii) providing archived or cached data sets containing Content to another person or entity; or (iii) in any way that breaches the Privacy Policy or any other agreement applicable to our Service. You may not, for example, republish the Content on any Internet, Intranet or Extranet site or incorporate the Content in any database, compilation, archive or cache or store the Content in electronic form on your computer or mobile device unless otherwise expressly permitted by EM. You may not distribute any of the Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content without securing the prior written consent of EM.

2.4. The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of the Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to App from the Apple App Store. You acknowledge and agree that these Terms of Service are solely between you and EM, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store Terms of Use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. You and EM acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You and EM acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party's intellectual property rights, EM, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You must comply with applicable third party terms of agreement when using the App. You and EM acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your license of the App, and that, upon your acceptance of the Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.

If you acquire the App from Amazon Digital Services, Inc. or one of its affiliates ("Amazon") via the Amazon Appstore or its successor(s), then to the extent of any conflict between the Amazon Appstore Terms of Use or such other terms which Amazon designates as default end user license terms for the Amazon Appstore ("Amazon Appstore EULA Terms"), and the other terms and conditions in these Terms of Service, the Amazon Appstore EULA Terms shall apply with respect to your use of any App that you acquire from the Amazon Appstore. EM and you hereby acknowledge that EM is the licensor of the App and that Amazon is not a party to these Terms of Service. EM and you hereby acknowledge that Amazon does not have any responsibility or liability related to compliance or non-compliance by EM or you (or any other user) under these Terms of Service or the Amazon Appstore EULA Terms.

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. EM and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by EM 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.

EM 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 ryoung@entrepreneur.com or by regular mail at Entrepreneur Media, LLC, Attn: Ronald L. Young, 1651 East Fourth Street, Suite 125,Santa Ana, Ca 92701 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):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyright work claimed to have been infringed;
  3. 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;
  4. Information sufficient to permit us to contact the complaining party, including address, telephone number, and e-mail address;
  5. 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
  6. 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. EM will terminate the account of any user that is determined to be a repeat copyright infringer.

3. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY, AS IT INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER, REQUIRES ARBITRATION ON AN INDIVIDUAL BASIS IN CERTAIN JURISDICTIONS, AND LIMITS THE TIME PERIOD WITHIN WHICH YOU MUST INITIATE ANY CLAIM.

The following section governs any and all controversy, claim, complaint, action or dispute that you or EM (each, a “Party;” together, the “Parties”) may have against each other (each, a “Claim”), except for claims arising from bodily injury or that pertain to enforcing, protecting, or the validity of your or our intellectual property rights (or the intellectual property rights of any of our licensors, affiliates and partners). “Claims” is intended to be broadly interpreted, and includes, but is not limited to:

  • claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation or any other statutory or common-law legal theory;
  • claims that arose before this or any prior agreement (including, but not limited to, claims relating to advertising);
  • claims for mental or emotional distress or injury not arising out of physical bodily injury;
  • claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
  • claims that may arise after the termination of these Terms.

Nothing in this section shall preclude EM from bringing claims regarding such rights in court. Additionally, notwithstanding the provisions herein, either you or EM may bring a Claim in small claims court consistent with the jurisdictional and dollar limits that may apply. The route to small claims court shall only be the result of a direct filing by you or EM. As set forth below, a Claim that is commenced in Arbitration may not be secondarily directed to small claims court per otherwise applicable rules.

THIS ENTIRE SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT OR THE PARTIES’ RELATIONSHIP OR THE END OF YOUR USE OF THE SITE.

3.1 Mandatory Informal Dispute Resolution for all Claims:

You and EM agree to engage cooperatively to try to resolve any Claim informally prior to either Party initiating an arbitration proceeding or filing a small claims court action. The Party must first send a written notice to the other Party providing a detailed description of the Claim; their/its name and contact information (address, telephone number, email address, and account number if applicable); sufficient information to enable the other Party to identify any transaction at issue (including any receipts or purchase details); and a detailed description of: (a) the nature and basis of the Claim and (b) the nature and basis of the relief sought (including a detailed calculation of any damages). Our notice to you must be personally signed by an EM representative and EM attorney, and sent to the most recent contact information that you have provided to us. Your notice to EM must be personally signed by you (and your attorney if you are represented by legal counsel), and sent to: Entrepreneur Media, LLC, ATTN: Legal, 1651 East Fourth Street, Suite 125, Santa Ana, Ca 92701.

For a period of 60 days from the date of receipt of a completed notice from the other Party, the Parties will work together using reasonable efforts to try to resolve the Claim. If requested by the defending Party, the Parties shall both personally participate in an individualized telephone settlement conference (and if represented by an attorney, the attorney may also participate), in which both parties agree to make reasonable efforts to resolve the Claim. Compliance with this informal dispute resolution process is mandatory and a condition precedent to filing a lawsuit or a small claims court proceeding (if permitted by small claims court rules), or commencing an arbitration proceeding.

3.2 Class Action Waiver; Jury Trial Waiver

Claims may only be brought on an individual basis. You and EM hereby voluntarily and knowingly waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, to bring Claims on behalf of anyone other than your or our individual capacity, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.

3.3 Where Permissible, Claims Shall Be Brought in Court on an Individual Basis:

To the fullest extent permitted by applicable law, Claims must be brought in court, and only on an individual basis in accordance with Section 3.2.

3.4 Binding Individual Arbitration in Other Jurisdictions:

In jurisdictions where any portion of Section 3.3 is unenforceable as to a given Claim brought in court, but would be enforceable as to claims brought in arbitration, CLAIMS SHALL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT. However, if Section 3.2 is deemed void or unenforceable as to an arbitration, the terms of this Section 3.4 shall not apply and the Dispute shall proceed and be resolved in state or federal court, NOT by binding arbitration.

THE FEDERAL ARBITRATION ACT SHALL APPLY TO THIS AGREEMENT. BY CONSENTING TO ARBITRATION, YOU AND EM DO NOT LIMIT IN ANY WAY EITHER PARTY’S STATUTORY OR COMMON LAW RIGHTS OR POTENTIAL REMEDIES TO WHICH EITHER PARTY WOULD BE ENTITLED WERE A CLAIM BEING HEARD IN A COURT.

Arbitration Rules: Any arbitration shall be heard in and administered by the American Arbitration Association (AAA) and be governed by the AAA Consumer Arbitration Rules, including the Mass Arbitration Supplementary Rules in effect on the date such action is commenced. You can find the AAA Rules and the Demand for Arbitration Form at www.adr.org. The arbitrator(s) shall have the sole authority to determine their own jurisdiction over the parties and claims and to determine issues of arbitrability and enforcement of this Section 3.4.

You and EM agree to opt out of Rule 9 of the Consumer Arbitration Rules, Small Claims Option for the Parties, and waive the right to return any Claim to Small Claims Court at anytime after the filing of an Arbitration Demand under the applicable AAA rules.

To the extent an arbitration falls within the AAA’s definition of a Mass Filing, the Parties agree to be bound by the procedures set forth in the AAA’s Mass Arbitration Supplementary Rules effective on January 15, 2024, as amended thereafter.

A court of competent jurisdiction shall have the authority to enforce this entire Section 3, if necessary, to enjoin the mass filing, prosecution, or administration of arbitrations and the assessment of arbitration fees

No Frivolous Claims: You and EM agree that any counsel representing a Party in arbitration is complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions under the NAM Rules, Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented Parties and counsel.

Hearing: You may choose to have the arbitration conducted via phone, video, based on written submissions, or in person at a location that is reasonably convenient to you or at another mutually agreed-upon location, except that any Claim seeking $25,000 or more or injunctive relief shall have an in-person or video hearing upon the request of either Party. EM reserves the right to request a hearing in any matter from the arbitrator. You and EM agree that you and an EM representative will personally appear at any hearing (along with the Parties respective legal counsel, if represented by counsel).

Fees and Costs: Except as expressly provided in these Terms of Service, the arbitrator may grant any remedy, relief, or outcome that the Parties could have received in court. Unless otherwise provided by applicable law, the Parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

The payment of arbitration fees (the fees imposed by the arbitration administrator including filing, arbitrator, and hearing fees) will be governed by the applicable NAM Rules, unless you qualify for a fee waiver under applicable law.

Discovery During Arbitration: The Parties shall each be limited to a maximum of one (1) fact witness deposition per side, unless the arbitrator determines that more depositions are warranted based on the totality of circumstances (including the amount in controversy, the complexity of the factual issues, the number of Parties and the diversity of their interests, and whether any or all of the claims appear, on the basis of the pleadings, to have sufficient merit to justify the time and expense associated with the requested discovery). Document requests shall be limited to documents that are directly relevant to the matter(s) in dispute or to its outcome; shall be reasonably restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; shall not include broad phraseology such as "all documents directly or indirectly related to"; and shall not be encumbered with extensive "definitions" or "instructions." The arbitrator may edit or limit the number of document requests based on the totality of circumstances, including the factors listed above.

Confidentiality: You and EM agree that confidential information of either Party disclosed during the arbitration (whether in documents or orally) shall not be used or disclosed except in connection with the arbitration or a proceeding to enforce or vacate the arbitration award, and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Offer of Settlement: In any arbitration, the defending Party may make a written settlement offer at any time before the evidentiary hearing or, if a dispositive motion is permitted, prior to the dispositive motion being granted. Settlement offers may not be disclosed to the arbitrator until after the arbitrator issues an award on the Claim. If the award is issued in the defending Party's favor, or in the other Party's favor but is less than the defending Party's settlement offer, then the other Party must pay the defending Party's costs incurred after the offer was made, including any attorney's fees. If any applicable statute or case law prohibits the shifting of costs incurred in the arbitration, then the offer in this provision shall serve to cease the accumulation of any costs to which the Party bringing the Claim may be entitled for the cause of action under which it is suing.

3.5 Opt-Out

Within 30 days of agreeing to these Terms, you may opt out of the arbitration provisions set forth in Section 3.4 above, by providing your individual, personally signed notice of your intention to opt out by sending EM an email to legal@entrepreneur.com. Such email must be sent by you personally, and not by your agent, attorney, or anyone else purporting to act on your behalf. The opt-out notice must be sent within thirty (30) days of your first use of our Service on or after the posted date of these revised Terms of Service. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of Section 3.4.

3.6 Venue

Where permissible, and to the fullest extent permitted by applicable law, Claims must be brought in court, and only on an individual basis in accordance with Section 3.2. For any Claims brought in court, you and EM agree to exclusive jurisdiction and venue in any state or federal court in the State of California. To the extent permissible under applicable law, any such cases shall be decided by a judge and not a jury; the Parties mutually waive their right to have their Claim decided by a jury.

3.7 Limitations Period

To the fullest extent permitted by applicable law, YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.

4. Membership and Registration

4.1. Certain areas of our Service may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. The decision to provide this information is purely optional, however if you elect not to provide such information, you may not be able to access certain content or features or participate in various areas of our Service. When you register or become a member of our Service or provide information to our Service in any other manner, you agree to provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited. You agree that EM may use the information you provide to us according to the Privacy Policy posted on our Service.

4.2. 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. EM reserves the right to terminate membership and deny access to our Service to any person who violates these Terms of Service.

5. Other Information Content Providers: Non-Staff Bloggers, Other Provider Content

5.1. 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 EM. Pursuant to 47 U.S.C.§ 230, EM 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 EM 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, EM reserves the right to remove information provided by other information content providers at any time in its sole discretion.

6. User-Generated Content; Comments

6.1. 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.

6.2. By placing material on, providing content to, or communicating with, our Service, including for example by posting a comment to a EM 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 EM, 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 EM to include the information you provide in a searchable format that may be accessed by users of our Websites. You also grant EM 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 EM 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.

6.3. Please note that EM does not accept unsolicited materials or ideas for use or publication. EM is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to EM.

6.4. 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.

7. Posting Rules

7.1. 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 EM posting rule will be made by EM 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 EM 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.

7.2. A violation of certain of posting rules may be referred to law enforcement authorities. EM reserves the right to disclose any information as necessary to satisfy any law, regulation or governmental request.

8. 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. EM 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.

9. 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 EM 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.

10. Software Available On Our Service

Any software that is made available to download from our Service ("Software") is the copyrighted work of EM 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.

11. Paid Services

11.1. 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. EM 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 EM 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.

11.2. You may cancel your user account at any time; however, there are no refunds for cancellation. In the event that EM 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.

11.3. 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 EM 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 EM 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 EM in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.

12. Entrepreneur Bookstore® Products and Services, Pricing, Billing and Returns and Refunds

12.1 Entrepreneur Bookstore® offers you the opportunity through this Website to peruse and purchase online a variety of books in print, digital and audio formats (collectively, “EB Products and Services”). By accessing the Entrepreneur Bookstore® and using the EB Products and Services offered in and through the Entrepreneur Bookstore®, you are agreeing to fully comply with the terms of use contained in this Section 12, in addition to the other Terms of Use relating to this Website and of which this Section 12 is a part.

12.2 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.

12.3 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 email 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.

12.4 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.

12.5 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 bookshelp@entrepreneur.com for a replacement, which will be sent to you at no charge.

12.6 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:

Returns Center
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.

13. International Users

Our Service is controlled, operated and administered by EM from its offices within the United States. EM 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.

14. E-Mail Addresses

EM respects the privacy of its readers. However, EM 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.

15. Modification

EM 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. EM 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.

16. 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).

17. Disclaimer of Warranties

17.1. 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. EM IS NOT RESPONSIBLE FOR THE AVAILABILITY OR CONTENT OF OTHER SERVICES THAT MAY BE LINKED TO OUR SERVICE. BECAUSE EM HAS NO CONTROL OVER SUCH SERVICES, YOU ACKNOWLEDGE AND AGREE THAT EM IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SERVICES, AND THAT EM 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 EM 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.

17.2. EM 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. EM EXPLICITLY DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT OR AVAILABILITY OF INFORMATION CONTAINED IN OUR SEARCH INDEX OR DIRECTORY. EM ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE COMPLETENESS OR ACCURACY OF ANY DIRECTORY OR SEARCH RESULT. EM 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. EM 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.

18. Limitation of EM's Liability; Indemnification

18.1. UNDER NO CIRCUMSTANCES AND TO THE GREATEST EXTENT PERMITTED BY LAW, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL EM, 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 EM IS NOT LIABLE FOR ANY CONDUCT OF ANY USER. IN NO EVENT SHALL EM, 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 EM HEREUNDER OR USD $500, WHICHEVER IS LESSER. NOTHING IN THE AGREEMENT LIMITS OR EXCLUDES, OR WILL BE DEEMED TO LIMIT OR EXCLUDE, EM'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.

18.2. AS A CONDITION OF USE OF THIS SERVICE, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, EM 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) EM 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 EM MATERIAL, OR WITH ANY OF EM TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OUR SERVICE.

19. 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 10 above regarding the License Agreement).

20. General

20.1. 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.

20.2. 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.

20.3. 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 EM 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 EM, and all other provisions for which survival is equitable or appropriate. EM may assign its rights and duties under these Terms of Service to any party at any time without notice to you.

20.4. 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.

21. Service Contact

If you have any questions, concerns or suggestions about these Terms of Service, you may contact us at legal@entrepreneur.com or at the following address:

Entrepreneur Media, LLC
Attn.: Terms of Service Issues
1651 E. 4th Street
Suite 125
Santa Ana, CA 92701