Terms of Service

20220301_rev01 · COMPARED WITH 20211201_rev01 · ARCHIVE SNAPSHOT, DATE APPROXIMATE

Full text changes — 20211201_rev01 to 20220301_rev01

11115. [User-Generated Content; Comments]()
12126. [Posting Rules]()
13137. [Service Security Rules]()
14148. [Communications With Third Parties Through Our Service]()
15159. [Software Available On Our Service]()
161610. [Paid Services]()
1711. [International Users]()
1812. [E-Mail Addresses]()
1913. [Modification]()
2014. [Notice of Availability of Filtering Software]()
2115. [DISCLAIMER OF WARRANTIES]()
2216. [LIMITATION OF EMI'S LIABILITY; INDEMNIFICATION]()
2317. [Entire Agreement]()
2418. [General]()
2519. [Service Contact]()
1711. [Entrepreneur Bookstore Products and Services, Pricing, Billing and Returns and Refunds]()
1812. [International Users]()
1913. [E-Mail Addresses]()
2014. [Modification]()
2115. [Notice of Availability of Filtering Software]()
2216. [DISCLAIMER OF WARRANTIES]()
2317. [LIMITATION OF EMI'S LIABILITY; INDEMNIFICATION]()
2418. [Entire Agreement]()
2519. [General]()
2620. [Service Contact]()
2627
2728### 1\. Welcome to Entrepreneur Media, Inc.
2829
29301.1 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").
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3132For 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.
14714810.3. 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.
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149150If 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.
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151152Delinquent 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.
152153
153### 11\. International Users
154## 11\. Entrepreneur Bookstore® Products and Services, Pricing, Billing and Returns and Refunds
154155
15611.1 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 11, in addition to the other Terms of Use relating to this Website and of which this Section 11 is a part.
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15811.2 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.
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16011.3 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.
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16211.4 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.
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16411.5 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](mailto:bookshelp@entrepreneur.com) for a replacement, which will be sent to you at no charge.
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16611.6 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:
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168• 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
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170• your return is postmarked or shipped within 30 days from your receipt.
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172You 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:
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174Returns Center
175191 Edwards Drive
176Jackson, TN 38301
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178Purchases of ebooks and other digital products are not returnable or subject to a refund once purchased.
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180Refunds 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.
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182### 12\. International Users
183
155184Our 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.
156185
157### 12\. E-Mail Addresses
186### 13\. E-Mail Addresses
158187
159188EMI 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.
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161### 13\. Modification
190### 14\. Modification
162191
163192EMI 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.
164193
165### 14\. Notice of Availability of Filtering Software
194### 15\. Notice of Availability of Filtering Software
166195
167196You 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).
168197
169### 15\. Disclaimer of Warranties
198### 16\. Disclaimer of Warranties
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17120015.1. 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.
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17320215.2. 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.
174203
175### 16\. Limitation of EMI's Liability; Indemnification
204### 17\. Limitation of EMI's Liability; Indemnification
176205
17720616.1. 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.
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17920816.2. 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.
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181### 17\. Entire Agreement
210### 18\. Entire Agreement
182211
183212These 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).
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185### 18\. General
214### 19\. General
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18721618.1. 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.
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18921818.2. 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.
190219
19122018.3. 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.
192221
19322218.4. 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.
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195### 19\. Service Contact
224### 20\. Service Contact
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197226If you have any questions, concerns or suggestions about these Terms of Service, you may contact us at _[legal@entrepreneur.com](mailto:legal@entrepreneur.com)_ or at the following address:
198227
199228Entrepreneur Media, Inc.
200229Attn.: Terms of Service Issues
20123018061 Fitch Avenue