Terms and Conditions
1. ACCEPTANCE OF TERMS
By using Ultimate Entrepreneur Services (defined below) you are subject to the following Terms of Service ("TOS"), and Conditions hereafter referred to as TOS, which may be updated by us from time to time without notice to you.
By using the Ultimate Entrepreneur Services, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Ultimate Entrepreneur owned or operated services, you and Ultimate Entrepreneur shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our
are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF ULTIMATE ENTREPRENEUR SERVICES
Ultimate Entrepreneur provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed. You also understand and agree that the Ultimate Entrepreneur Services may include advertisements and that these advertisements are necessary for Ultimate Entrepreneur to provide the Ultimate Entrepreneur Services. You also understand and agree that the Ultimate Entrepreneur Services may include certain communications from Ultimate Entrepreneur, such as service announcements, administrative messages and that these communications are considered part of Ultimate Entrepreneur membership and you will not be able to opt out of receiving them. You may only opt out of the Ultimate Entrepreneur Newsletter. Unless explicitly stated otherwise, any new features that augment or enhance the current Ultimate Entrepreneur Services, including the release of new Ultimate Entrepreneur properties, shall be subject to the TOS. You understand and agree that the Ultimate Entrepreneur Services is provided "AS-IS" and that Ultimate Entrepreneur assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Ultimate Entrepreneur Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Ultimate Entrepreneur Services.You understand that the technical processing and transmission of the Ultimate Entrepreneur Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Ultimate Entrepreneur Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Ultimate Entrepreneur Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Ultimate Entrepreneur Service's registration, newsletter, or advertising form (the"Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Ultimate Entrepreneur has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Ultimate Entrepreneur has the right to suspend or terminate your account and refuse any and all current or future use of the Ultimate Entrepreneur Services (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
In the future you will receive a password and account designation upon completing the Ultimate Entrepreneur Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Ultimate Entrepreneur of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Ultimate Entrepreneur cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
5. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Ultimate Entrepreneur are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Ultimate Entrepreneur Services.
Ultimate Entrepreneur does not always control the Content posted via the Ultimate Entrepreneur Services or the Content on Website Links, and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Ultimate Entrepreneur Services, you could possibly be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ultimate Entrepreneur be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Ultimate Entrepreneur Services.You agree to not use the Ultimate Entrepreneur Services to:a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;b. harm minors in any way;c. impersonate any person or entity, including, but not limited to, a Ultimate Entrepreneur official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Ultimate Entrepreneur Service;e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose (please read our complete
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Ultimate Entrepreneur Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;j. interfere with or disrupt the Ultimate Entrepreneur Services or servers or networks connected to the Ultimate Entrepreneur Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Ultimate Entrepreneur Services, including using any device, software or routine to bypass our robot exclusion headers;k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;m. "stalk" or otherwise harass another; and/orn. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through m above.
You acknowledge that Ultimate Entrepreneur may or may not pre-screen Content, but that Ultimate Entrepreneur and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Ultimate Entrepreneur Services. Without limiting the foregoing, Ultimate Entrepreneur and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Ultimate Entrepreneur or submitted to Ultimate Entrepreneur, including without limitation information in Ultimate Entrepreneur Blog Posts and in all other parts of the Ultimate Entrepreneur Services.
You acknowledge, consent and agree that Ultimate Entrepreneur may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Ultimate Entrepreneur, its users and the public. You understand that the Ultimate Entrepreneur Services and software embodied within the Ultimate Entrepreneur Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Ultimate Entrepreneur and-or content providers who provide content to the Ultimate Entrepreneur Services. You may not attempt to override or circumvent any of the usage rules embedded into the Ultimate Entrepreneur Services. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Ultimate Entrepreneur Services, in whole or in part, is strictly prohibited.
6. INTERSTATE AND INTERNATIONAL NATURE OF COMMUNICATIONS ON ULTIMATE ENTREPRENEUR
When you register, sign up for our newsletter, or advertise with Ultimate Entrepreneur, you acknowledge that in using the Ultimate Entrepreneur Services to send electronic communications (including but not limited to email, search queries, sending messages to Ultimate Entrepreneur Chat or Ultimate Entrepreneur Groups, uploading photos, files and other Internet activities), you will be causing communications to be sent through Ultimate Entrepreneur's computer network located in California.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Ultimate Entrepreneur Services and transfer, posting and uploading of software, technology, and other technical data via the Ultimate Entrepreneur Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Ultimate Entrepreneur Services to parties identified on such lists; (b) agree not to use the Ultimate Entrepreneur Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Ultimate Entrepreneur Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE ULTIMATE
Ultimate Entrepreneur does not claim ownership of Content you submit or make available for inclusion on the Ultimate Entrepreneur Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Ultimate Entrepreneur Services, you grant Ultimate Entrepreneur the following worldwide, royalty-free and non-exclusive license(s), as applicable:a. With respect to Content you submit or make available for inclusion on publicly accessible areas of Ultimate Entrepreneur Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Ultimate Entrepreneur Services solely for the purposes of providing and promoting the specific Ultimate Entrepreneur Group to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Ultimate Entrepreneur Services and will terminate at the time you remove or Ultimate Entrepreneur removes such Content from the Ultimate Entrepreneur Services.b. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Ultimate Entrepreneur Services other than Ultimate Entrepreneur Groups, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Ultimate Entrepreneur Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Ultimate Entrepreneur Services and will terminate at the time you remove or Ultimate Entrepreneur removes such Content from the Ultimate Entrepreneur Services.c. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Ultimate Entrepreneur Services other than Ultimate Entrepreneur Groups, the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed."Publicly accessible" areas of the Ultimate Entrepreneur Services are those areas of the Ultimate Entrepreneur network of properties that are intended by Ultimate Entrepreneur to be available to the general public. By way of example, publicly accessible areas of the Ultimate Entrepreneur Services would include Ultimate Entrepreneur Websites, and portions of Ultimate Entrepreneur Groups that are open to both members and visitors. However, publicly accessible areas of the Ultimate Entrepreneur Services would not include portions of Ultimate Entrepreneur Groups that are limited to members, Ultimate Entrepreneur services intended for private communication such as Ultimate Entrepreneur Mail or Ultimate Entrepreneur Newsletters, or areas off of the Ultimate Entrepreneur network of properties such as portions of World Wide Web sites that are accessible via hypertext or other links but are not under the control of Ultimate Entrepreneur.
9. CONTRIBUTIONS TO ULTIMATE ENTREPRENEUR
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Ultimate Entrepreneur through its suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Ultimate Entrepreneur is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Ultimate Entrepreneur shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Ultimate Entrepreneur may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Ultimate Entrepreneur without any obligation of Ultimate Entrepreneur to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Ultimate Entrepreneur under any circumstances.
You agree to indemnify and hold Ultimate Entrepreneur and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Ultimate Entrepreneur Services, your use of the Ultimate Entrepreneur Services, your connection to the Ultimate Entrepreneur Services, your violation of the TOS, or your violation of any rights of another.
11. NO COMMERCIAL REUSE OF ULTIMATE ENTREPRENEUR SERVICES
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Ultimate Entrepreneur Services (including Content, advertisements, Software and your Ultimate Entrepreneur ID).
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Ultimate Entrepreneur may establish general practices and limits concerning use of the Ultimate Entrepreneur Services, including without limitation the maximum number of days that email messages, blogs, or other uploaded Content will be retained by the Ultimate Entrepreneur Services with the exception of paid advertising . You agree that Ultimate Entrepreneur has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Ultimate Entrepreneur Services. You acknowledge that Ultimate Entrepreneur reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Ultimate Entrepreneur reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO ULTIMATE ENTREPRENEUR SERVICES
Ultimate Entrepreneur reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Ultimate Entrepreneur Services (or any part thereof) with or without notice. You agree that Ultimate Entrepreneur shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Ultimate Entrepreneur Services (or any part thereof).
You may terminate your Ultimate Entrepreneur membership, newsletters, advertising, or any associated email address and access to the Ultimate Entrepreneur Services by submitting such termination request to Ultimate Entrepreneur. You agree that Ultimate Entrepreneur may, without prior notice, immediately terminate, limit your access to or suspend your Ultimate Entrepreneur membership, Newsletter, or advertising, or any associated email address, and access to the Ultimate Entrepreneur Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Ultimate Entrepreneur Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Ultimate Entrepreneur Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Ultimate Entrepreneur's sole discretion and that Ultimate Entrepreneur shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Ultimate Entrepreneur Services.Termination of your Ultimate Entrepreneur membership, Newsletter, or advertising includes any or all of the following: (a) removal of access to all or part of the offerings within the Ultimate Entrepreneur Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Ultimate Entrepreneur Services
15. DEALINGS WITH ADVERTISERS AND AFFILIATES
Your correspondence or business dealings with, or participation in promotions of, advertisers and-or affiliates found on or through the Ultimate Entrepreneur Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and-or affiliates. You agree that Ultimate Entrepreneur shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers and-or affiliates on the Ultimate Entrepreneur Services.
The Ultimate Entrepreneur Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Ultimate Entrepreneur is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Ultimate Entrepreneur 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 use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. ULTIMATE ENTREPRENEUR!'S PROPRIETARY RIGHTS
You acknowledge and agree that the Ultimate Entrepreneur Services and any necessary software used in connection with the Ultimate Entrepreneur Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Ultimate Entrepreneur Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Ultimate Entrepreneur or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Ultimate Entrepreneur Services, such Content or the Software, in whole or in part. Ultimate Entrepreneur grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Ultimate Entrepreneur Services. You agree not to access the Ultimate Entrepreneur Services by any means other than through the interface that is provided by Ultimate Entrepreneur for use in accessing the Ultimate Entrepreneur Services.
18. DISCLAIMER OF WARRANTIESYOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE ULTIMATE ENTREPRENEUR SERVICES AND SOFTWARE ARE AT YOUR SOLE RISK. THE ULTIMATE ENTREPRENEUR SERVICES AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ULTIMATE ENTREPRENEUR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.b. ULTIMATE ENTREPRENEURAND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE ULTIMATE ENTREPRENEUR SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE ULTIMATE ENTREPRENEUR SERVICES OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE ULTIMATE ENTREPRENEUR SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE ULTIMATE ENTREPRENEUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE ULTIMATE ENTREPRENEUR SERVICES OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ULTIMATE ENTREPRENEUR, OR THROUGH, OR FROM THE ULTIMATE ENTREPRENEUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE ULTIMATE ENTREPRENEUR SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE ULTIMATE ENTREPRENEUR SERVICE. IMMEDIATELY DISCONTINUE USE OF THE ULTIMATE ENTREPRENEUR SERVICES AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE ULTIMATE ENTREPRENEUR SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ULTIMATE ENTREPRENEUR AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ULTIMATE ENTREPRENEUR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ULTIMATE ENTREPRENEUR SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ULTIMATE ENTREPRENEUR SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ULTIMATE ENTREPRENEUR SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
21. SPECIAL ADMONITION FOR ULTIMATE ENTREPRENEUR SERVICES RELATING TO
If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Ultimate Entrepreneur Services concerning companies, businesses, stock quotes, investments or securities, please read the above Sections 19 and 20 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Ultimate Entrepreneur Services is provided for informational purposes only, and no Content included in the Ultimate Entrepreneur Services is intended for trading or investing purposes. Ultimate Entrepreneur and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Ultimate Entrepreneur Services, and shall not be responsible or liable for any trading or investment decisions based on such information.
22. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
Ultimate Entrepreneur may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, text message, postings on the Ultimate Entrepreneur Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Ultimate Entrepreneur Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Ultimate Entrepreneur Services in an authorized manner.
24. TRADEMARK INFORMATION
You agree that all of Ultimate Entrepreneur’s trademarks, trade names, service marks and other Ultimate Entrepreneur logos and brand features, and product and service names are trademarks and the property of Ultimate Entrepreneur. (the "Ultimate Entrepreneur Marks"). Without Ultimate Entrepreneur's prior permission, you agree not to display or use in any manner the Ultimate Entrepreneur Marks.
25. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
Ultimate Entrepreneur respects the intellectual property of others, and we ask our users to do the same. Ultimate Entrepreneur may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Ultimate Entrepreneur's Copyright Agent the following information:a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;b. a description of the copyrighted work or other intellectual property that you claim has been infringed;c. a description of where the material that you claim is infringing is located on the site;d. your address, telephone number, and email address;e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;f. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Ultimate Entrepreneur's Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:Copyright Agentc/o Ultimate EntrepreneurDivision of Emerald EnterprisesPO Box 10569Bakersfield, CA 93389By phone: (661) 588-4141 begin_of_the_skype_highlighting (661) 588-4141 end_of_the_skype_highlightingBy fax: (661) 588-4243By email: firstname.lastname@example.org
26. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and Ultimate Entrepreneur and governs your use of the Ultimate Entrepreneur Services, superseding any prior version of this TOS between you and Ultimate Entrepreneur with respect to the Ultimate Entrepreneur Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Ultimate Entrepreneur services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and Ultimate Entrepreneur each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Ultimate Entrepreneur, shall be brought first to mediation exclusively in Bakersfield, within the county of Kern, in the state of California. Waiver and Severability of Terms. The failure of Ultimate Entrepreneur to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a mediator of competent jurisdiction to be invalid, the parties nevertheless agree that the mediator should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.No Right of Survivorship and Non-Transferability. You agree that your Ultimate Entrepreneur membership is non-transferable and any rights to your Ultimate Entrepreneur ID or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your membership may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Ultimate Entrepreneur Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to Ultimate Entrepreneur.
Last updated May 5, 2009
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